South Carolina Burglary by Breaking and Entering
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How to fill out Burglary By Breaking And Entering?
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FAQ
S.C. Code § 16-13-160 (B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than one thousand dollars, or both.
Trespassing in South Carolina is considered a misdemeanor and can lead to fines of up to $200 and up to 30 days in jail for the first offense. Generally speaking, for the first offense, you would be facing one or the other, but not both jail time and fines.
The first element ? entering? requires that you actually enter into a structure without permission. The second element requires proof that a person had made a decision to commit a crime (such as theft) and then entered the building for that reason.
Burglary ? Penal Code 459 Although using force or fraud to gain entry into someone else's property with such intent is considered burglary, forced entry is not required in order to be charged with or convicted of burglary.
As long as there is the intent to commit a crime, it can constitute burglary. There is no breaking and entering requirement. The offender may trespass through an open door. This is different from robbery, which involves the use of force or fear to obtain another person's property.
In South Carolina, most convictions for burglary can't be expunged. One of the exceptions to the general rule is for YOA (Youthful Offender) convictions. However, burglary charges can be expunged under the following circumstances: Case dismissed by a judge.
This for of Breaking and Entering is a Class H felony and carries up to 15 months in prison for first time offenders, but can be increased substantially based on the circumstances of your case. If you have been charged, it is in your best interest to consult a criminal defense lawyer immediately.
Jail time associated with each burglary charge ChargeTimeBurglary, 1st Degree15 years to lifeBurglary, 2nd Degree, violentUp to 15 yearsBurglary, 2nd Degree, nonviolentUp to 10 yearsBurglary, 3rd Degree, 2nd offenseUp to 10 years1 more row
