What Are the Penalties for Residential Burglary in South Carolina? 2025

The impact of a residential burglary charge in South Carolina can change the entire course of your life. The penalties that are often faced by individuals convicted of these charges can be severe and strip away many of their personal rights and freedoms. When facing these charges, many individuals will wonder, “What are the penalties for residential burglary in South Carolina?” A criminal defense lawyer can answer this question and make you aware of your options.

Since 1996, the team at the Law Office of Charles T. Brooks III has been assisting individuals who are accused or arrested for several criminal charges, including those of residential burglary. When facing these charges, it can be a good idea to educate yourself on the potential penalties involved so that you can work with your attorney to develop a defense strategy that stands up to the supposed evidence of the prosecution and ultimately sees these charges dismissed.

Defining South Carolina Burglary Charges and Penalties

In 2023, South Carolina saw a total of 17,026 burglary crimes, a 6.97% decrease from the previous year. Of these crimes, 59.5% occurred at residential homes or nursing homes. Burglary is considered to be the breaking into and entering of a dwelling without the permission of the dwelling’s owner.

In a burglary case, the individual who is allegedly guilty of the crime must have committed the act with the intent to commit a felony while inside the property, such as murder or rape.

Unlike robbery charges, residential burglary charges do not require the use of force, and it is a crime specifically related to a dwelling, such as a home, apartment, or nursing home, where an individual lives or sleeps. There are three main degrees or classifications of burglary in South Carolina, and all are considered to be felony offenses. These classifications include:

• Third-degree burglary. In South Carolina, burglary in the third degree occurs when there are no aggravating circumstances involved in the crime, meaning that no violence occurred when the defendant allegedly broke into and entered the dwelling belonging to another individual with the intent to commit a felony.
• Second-degree burglary. In South Carolina, it is considered second-degree burglary if you break into and enter an unoccupied dwelling or a building within the yard of that dwelling, such as a garage or outbuilding, without the permission of the property owner but with the intent to commit a crime. Though breaking and entering has decreased by 9.6% from 2022 to 2023, these are still considered felonies and can lead to prison time.
  A second-degree burglary charge can become aggravated if the individual allegedly committing the crime is armed with a deadly weapon or explosive, uses or threatens to use a deadly weapon or dangerous instrument on the victim, causes physical harm to an individual who is not involved in the crime, or displays what appears to be a knife or gun. They may also have past criminal records and entered the residence at night.
• First-degree burglary. In South Carolina, the charge of first-degree burglary can occur when an individual breaks into and enters a dwelling without the permission of the property owner with the intent to commit larceny or a felony. The main difference between this charge and second-degree burglary is that the residence must be occupied during the crime, and it cannot occur in an outbuilding belonging to the property.
  There are several instances in which a first-degree burglary crime can be considered aggravated, including circumstances where the burglar is armed with an explosive or deadly weapon, causes physical harm to an individual who is not participating in the crime, uses or threatens to use a dangerous instrument, or displays to the victim what reasonably appears to be a gun or a knife.

The penalties for these crimes can depend on which degree of burglary is committed and if there were any aggravating circumstances involved. Penalties can include:

• Third-degree burglary. This crime is punishable by up to five years of prison time if it is a first offense and up to 10 years if it is a second offense.
• Second-degree burglary. If there are no aggravating factors involved in a second-degree burglary charge, a defendant will only face up to 10 years in prison. However, if there are aggravating circumstances involved, this prison time will increase to no more than 15 years.
• First-degree burglary. Individuals convicted of first-degree burglary can face a minimum of 15 years in prison and a maximum of life in prison.

FAQs

What Are the Fees Involved With Hiring an Attorney?

It can be difficult to offer an exact number as to the fees associated with hiring an attorney in South Carolina to defend against burglary charges. This is due to the fact that there are several variables involved in these cases, such as the complexity and duration of your case and the skill level of your attorney, that can affect the overall timeline.

What Are the Defenses for Burglary?

There can be several defenses for a burglary charge in South Carolina, depending on the exact nature and circumstances of the alleged crime. These defenses can include having an alibi for the time and location of the alleged crime, having permission to enter the property, acting under duress or coercion, or entering the property but having no intent to commit a felony.

What Is an Example of Second-Degree Non-Violent Burglary in South Carolina?

Non-violent second-degree residential burglary can take many forms in South Carolina. A common example might be an individual breaking into and entering a home in Greenville without the consent of the owner of that home or a weapon, but with the full intent to steal jewelry, art, or other home goods from the owner of the property.

How Long Does a Burglary Case Take in SC?

Because every residential burglary case is different, these cases can take several paths, and therefore, it is difficult to determine the overall timeline of these scenarios. However, there are some common factors that affect the time frames of all cases, including the complexity of the crime and the availability of the evidence.

Speak With a Trusted Criminal Defense Lawyer Today

If you or a loved one is facing residential burglary charges in South Carolina, it is vital that you speak with a criminal defense lawyer as soon as possible. Contact the Law Office of Charles T. Brooks III today to schedule your consultation with our team.