Raleigh Breaking and Entering or Trespass Lawyers
The Criminal Defense Team of Hatch, Little & Bunn handles all Wake County breaking & entering charges.
Breaking and Entering is a charge that may apply to any building, home, car, boat or other structure. One does not have to fully enter the structure to be charged with the crime. Crossing the threshold ever so slightly, or even placing a key in a key lock, may give rise to the crime. Depending on the circumstances, the crime may be charged as a misdemeanor, a felony, and even rise to the level of burglary. A conviction for burglary carries a mandatory period of imprisonment.
Breaking & Entering felony offenses
Hatch, Little & Bunn’s Criminal Defense Team has defended countless clients against these charges. Each case requires adept attention to the facts. Our team of attorneys takes the time to analyze your case, advise you on the matter, and execute the most appropriate course of action. Call us today.
“Breaking and entering” is generally a term that may include any of the following felony offenses;
- First degree burglary (G.S. 14-51).
- Second degree burglary (G.S. 14-51).
- Breaking out of dwelling house burglary (G.S. 14-53).
- Breaking or entering buildings generally (G.S. 14-54(a)).
- Breaking or entering a building that is a place of religious worship (G.S. 14-54.1).
First degree burglary is a class D felony, punishable by up to 204 months in prison. A person commits first degree burglary when they break and enter the dwelling house or sleeping compartment of another, without consent, at night, while it is actually occupied, with the intent to commit any felony or larceny therein. This charge is codified under North Carolina General Statute 14-51.
Second degree burglary is a class G felony, punishable by up to 47 months in prison. This charge differs from first degree burglary in that the dwelling house or sleeping compartment of another is not actually occupied. The element of “presence of another who occupies the dwelling” elevates the crime from second degree to first degree.
Felony Breaking and Entering of a Building is a class H felony, punishable by up to 39 months in prison. A person commits this offense if they break or enter any building, without consent, with the intent to commit any felony or larceny therein. This differs from misdemeanor Breaking and Entering whereas in the case of the misdemeanor, the offender does not do so with the intent to commit a felony or larceny therein. A misdemeanor offense is often thought of as trespassing in a building. A misdemeanor B&E charge is punishable by up to 120 days.
If a defendant is charged with any of these crimes, or those from the list above, and has at least one prior conviction from the list, the defendant may be exposed to punishment under the new offense for habitual breaking and entering. Under North Carolina General Statute 14-7.31, the status of habitual breaking and entering is punished as a class E felony, and is subject to as many as 88 months in prison, depending on their record level. Understandably, if a person is charged with first degree burglary, with a prior history of breaking and entering, they face a greater punishment for first degree burglary, rather than the habitual breaking and entering status.
There are many variations on misdemeanor trespass, all of which are manageable. Contact our firm today for a free consultation, on these and all state criminal charges.
For aggressive representation, call The Criminal Defense Team of Hatch, Little & Bunn
The Criminal Defense Team of Hatch, Little & Bunn, LLP has defended countless clients against these charges. Each case requires adept attention to the facts. Our team of attorneys takes the time to analyze your case, advise you on the matter, and execute the most appropriate course of action. Call 919-714-4306 or contact us today.