South Carolina Burglary by Breaking and Entering is a criminal offense that involves unlawfully entering a dwelling, building, or vehicle with the intent to commit a crime. This offense is considered a serious crime in South Carolina and can result in severe penalties including fines, imprisonment, and a permanent criminal record. Burglary by Breaking and Entering can occur in various situations, ranging from residential burglaries to business break-ins. The following are different types of South Carolina Burglary by Breaking and Entering: 1. Residential Burglary: This involves unlawfully entering a person's home or dwelling with the intent to commit a crime. It can include forcibly breaking windows or doors to gain access or entering through unlocked windows or doors. 2. Commercial Burglary: This type of burglary involves unlawfully entering a business establishment, such as a store, office building, or warehouse, with the intent to commit a crime. This can include breaking locks, disabling security systems, or exploiting vulnerabilities in the premises' security. 3. Vehicle Burglary: South Carolina also recognizes burglary by breaking and entering a vehicle. This occurs when someone unlawfully enters a motor vehicle, such as a car or truck, with the intention of committing theft or another crime. It often involves breaking windows or forcibly opening doors or trunks. In South Carolina, the elements required to establish a burglary by breaking and entering include the unlawful entry into a dwelling, building, or vehicle, accompanied by the intent to commit a crime. The prosecution must prove beyond a reasonable doubt that the accused had the specific intent to commit a crime at the time of entry. Upon conviction, the penalties for burglary by breaking and entering in South Carolina can vary depending on the circumstances. Generally, it is classified as a felony offense, with potential imprisonment ranging from a few years up to life in prison. Fines can also be imposed, depending on the severity of the offense. It is important for South Carolina residents and businesses to be proactive in securing their properties by using robust security systems, ensuring all entry points are properly locked, and reporting any suspicious activity to local law enforcement. Prevention and vigilance can play a vital role in deterring burglaries by breaking and entering.
South Carolina Burglary by Breaking and Entering
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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
