First, Second and Third Degree Burglary

If you have been charged with burglary, you need a criminal defense lawyer to represent you, protect your constitutional rights and guide through the legal system. In South Carolina burglary is classified in three different degrees, and the higher the degree, the more serious the penalty.

First Degree Burglary

First Degree Burglary is one of the most serious crimes involving property in South Carolina. A conviction carries a mandatory minimum of 15 years in prison and is classified as a violent offense. A conviction can also carry up to life in prison. If you have been charged with Burglary in the First Degree the state has alleged that you have entered a dwelling with the intent to commit a crime and that there were aggravating factors involved such as entering armed with weapon, entering at night, stealing guns or having criminal record with prior burglary convictions.

Second Degree Burglary

Second Degree Burglary carries a maximum prison sentence of either 10 or 15 years in prison, depending on the facts surrounding the crime. The charge carries a maximum of 10 years if the facts involve the entry of a “dwelling” without the presence of any aggravating factors. If the crime involves the entry of a “building” with aggravating facts like being armed, causing an injury, entering at night or having a prior criminal record involving burglary or housebreaking. Second Degree Burglary involving aggravating factors carries a maximum of 15 years and is classified as a violent offense.

Third Degree Burglary

Third Degree Burglary carries a prison sentence of up to 5 years. If you have been charged with Burglary in the Third Degree the state has alleged that you entered a building without consent with the intent to commit a crime.

No matter what degree of Burglary you have been charged with, the criminal defense lawyers at Hiller & Hiller, PA will not rely on the State’s version of the facts of your case. The police and prosecutors investigate burglary cases with the goal to convict, and the often truth is ignored. When defending clients against burglary charges, one of our primary goals is to make sure the underlying facts are fully and fairly investigated. We use licensed investigators to interview everyone involved in the case. This attention to detail in trial preparation can – and often does – work to the benefit of our clients.

If you have been arrested for burglary or think that the state may suspect in you connection with an ongoing burglary investigation, you should consult with a criminal defense lawyer at Hiller & Hiller, PA immediately. Do not speak to the police under any circumstances. If our criminal defense lawyers can be of service to you, call our office to schedule a completely free and entirely confidential consultation.

At A Glance

First Degree Burglary

Code of Law: 16-11-311
Sentence Rage: 15 Years – Life in Prison
Classification: Felony

Second Degree Burglary

Code of Law: 16-11-312
Sentence Range: 0-10 Years or 0-15 Years
Classification: Felony

Third Degree Burglary

Code of Law: 16-11-313
Sentence Range: 0-5 Years
Classification: Felony