South Carolina Burglary Laws and Penalties 2024 Explained

Burglary is more than just breaking into a premises to steal something. It can include sneaking into a place under false pretenses to commit any crime, including stealing. It can also include other crimes like breaking into a former job office to punch your boss in the face for firing you. Knowing South Carolina burglary laws and penalties can help you understand the crimes and rights if you are ever faced with a burglary charge.

What Is Burglary?

When someone breaks into a building or place without permission, and they usually plan to do something illegal once they’re inside, like stealing, this is called burglary. For burglary to happen, someone must break in without permission and plan to do something illegal once they’re inside, and the prosecution must prove both.

Unauthorized entry means that the suspect went into the building, home, or vehicle without permission. This doesn’t always mean the defendant broke in. Unauthorized permission could also mean someone entering the building under fraudulent pretenses or by lying, like using someone else’s employee access card to get into a building where they don’t work.

There needs to be proof that the suspect planned to break the law while they were there. For example, this could mean entering the premises to steal. If they didn’t mean to break in, this might not be called burglary. For instance, if it was a private residence that they believed was public.

On the other hand, committing the crime itself is not required for it to be burglary. Someone can still be charged with burglary even if they were caught looking through a safe they had broken into but did not take the cash inside.

Penalties for Burglary

What kind of burglary someone is charged with determines what kind of punishment they may face in South Carolina. South Carolina has three levels of thefts, and each has its own penalties, including:

• Burglary in the first degree. The worst kind of theft is first-degree. For a theft to be considered first-degree, there usually need to be some aggravating factors. Some of these are having a dangerous weapon, hurting someone else, having a criminal record, or making threats against other people. This could get you 15 years or more in jail if you are found guilty.
• Burglary in the second degree. It can be second-degree burglary even if there aren’t any first-degree factors, but there are other factors like having a weapon, breaking into the building at night, or having a history of burglary charges. Usually, this gets you 10 to 15 years in jail.
• Burglary in the third degree. This is the least severe type of burglary because there aren’t any aggravating factors, but it still has its own punishments. Even though the penalties aren’t as harsh, you could still spend up to five years in jail for a first offense and up to ten years for a second.

Aggravating Factors in a Burglary

When it comes to burglaries, if there are aggravating factors present, this can increase the severity of the crime, thus increasing the severity of the potential penalties. For example, the same crime may get a longer prison term if aggravating factors are present. Aggravating factors typically are circumstances that make the crime more dangerous for the victims. Some of these factors include:

• Using a deadly weapon. If a person enters a premises to either steal or assault someone and chooses to use a deadly weapon, such as a gun, this can increase the severity of the offense.
• Causing injury. If the burglary resulted in a victim who was not an accomplice to the crime being physically hurt, this can intensify the penalties against the accused if convicted.
• Committing the crime at night. This is considered an aggravating factor because it usually means the crime was premeditated. It also poses a greater risk to the victims involved, especially if the burglarizing occurs in a home where the victims are likely to be sleeping and thus will be disoriented from a sudden robbery.
• Having prior convictions. If the offender has a criminal record, especially one with other burglary-related crimes, this can increase the severity of the penalties brought against them if convicted.

FAQs

How Much Time Does 2nd Degree Burglary Carry in SC?

There are two types of second-degree burglary in South Carolina: violent and nonviolent. For violent second-degree burglary, the sentence is 10 to 15 years in prison, and the person must serve at least one-third of the term before they can be released on parole. For nonviolent second-degree burglary, the maximum sentence is 10 years in jail. However, the offender’s criminal history and the specifics of the case may affect their ability to get parole.

Can You Get a Bond for Burglary 1st Degree SC?

For first-degree burglary in South Carolina, it is usually hard to get a bond because the crime is violent and the punishments are harsh, which can be 15 years in prison. The defendant’s criminal past, ties to the community, risk of flight, and whether the judge sees the defendant as a threat to public safety are some of the things that go into deciding whether to set a bond.

What Is the Most Serious Form of Burglary?

First-degree burglary is the most serious type of burglary in South Carolina. It involves breaking into a property without permission with the intention of committing a crime, and there are aggravating factors like having a weapon, hurting someone, or doing the crime at night. First-degree burglary is a severe felony punishable by 15 years to life in prison.

What Is the Castle Law in South Carolina?

South Carolina’s “castle doctrine” allows people to use force, including lethal force, to defend themselves against intruders in their houses, vehicles, or businesses. Under this rule, if a person reasonably believes they are in imminent danger, they have the right to stand their ground without being required to retreat. This statute exempts individuals from criminal and civil responsibility if they act in self-defense in specific areas.

Contact The Law Office of Charles T. Brooks III Today

If you or a loved one have been charged with burglary, we at the Law Office of Charles T. Brooks III can help. Contact us today to get started.