If you have been accused of breaking and entering, then this can lead to misdemeanor or felony charges, which in turn can result in penalties such as incarceration, fines, probation, and challenges in advancing your education or career. You should always take breaking and entering charges, whether misdemeanor or felony, seriously and vigorously defend yourself in court. When you have been charged with a breaking and entering offense in Charlotte, the most important thing you can for yourself is call an experienced criminal defense attorney at (980) 237-4579 to immediately mount a defense.
At Randall & Stump, Criminal Defense Attorneys, we are here to uphold your constitutional rights as you face theft charges within the criminal justice system. We have more than 35 years of combined legal experience, and we want to put our knowledge, experience, and skills to use for you. We will gather as much evidence as we can and use it to develop the strongest defense possible, on your behalf.
If you allegedly broke into a vehicle, railroad car, trailer, aircraft, or boat that contained something of value, you can face criminal charges in North Carolina. Under NCGS §14-56, if you broke into one of these types of motor vehicles with the intent to commit any felony or larceny, and that vehicle contained any item of value, then you may face Class I Felony charges.
North Carolina has multiple statutes prohibiting breaking and entering into various types of structures:
Elements of breaking and entering in North Carolina depend on the specific statute you are accused of violating. However, each statute requires that you entered a premise without permission. Breaking and entering charges may include physically overcoming the structure’s security measures. You may be accused of breaking a window or picking a lock. Breaking and entering can even include opening a door that is already cracked open. Physically breaking or overcoming something on a structure to gain entrance is not necessary. You can face a breaking and entering charge if you enter another person’s, or municipality’s property without explicit or implied consent.
Charges for misdemeanor breaking and entering in Mecklenburg County can occur when there is no evidence you intended to commit any crime within the premises. For example, maybe you intended to break into a neighbor’s house while they were on vacation and use their pool. You may also face misdemeanor charges when there is evidence you intended to commit a misdemeanor offense other than larceny. For instance, willful or wanton damage to another person’s personal property is a misdemeanor.
However, many prosecutors seek to prove you committed or intended to commit larceny after breaking and entering in Charlotte, because, in their minds, there are only a few other reasons why you would have broken into and entered the home or building in question. Under these circumstances, they will push for felony breaking and entering charges. Regardless of your situation, the best thing to do is hire an experienced breaking and entering defense attorney to defend you in court.
The statutory punishment you face for breaking and entering depends on the level of the charge against you, and your criminal record. Your punishment may be classified as active, intermediate, or community, depending on the specific details of your case.
For felony charges in Charlotte, the range for incarceration, should the judge order an active sentence, are:
Active sentences for misdemeanors in North Carolina include:
If you have questions regarding the potential term of incarceration you face for breaking and entering charges that end in conviction, call an experienced breaking and entering defense lawyer at Randall & Stump, Criminal Defense Attorneys at (980) 237-4579. If this is your first criminal offense, an experienced breaking and entering defense lawyer can fight for you to receive a sentence with the minimum duration of imprisonment.
If you are convicted of breaking and entering, you can expect to face collateral penalties in addition to possibly serving an active sentence in either jail or prison. If you damaged another person’s property, you might be required to pay restitution. Other potential penalties include probation, community service, house arrest, fines, or electronic/GPS monitoring.
With a breaking and entering conviction on your record, you could have difficulties finding and maintaining a job. If you wish to continue your education, you may face trouble with college admissions and financial aid. You could have difficulty finding rental housing or loans to purchase a home. As a parent, you may face child custody issues. If you are convicted of felony breaking & entering, you lose the right to own or possess a firearm.
The statutory and collateral consequences of convictions are harsh. An experienced breaking and entering defense lawyer from Randall & Stump, Criminal Defense Attorneys is here to fight to exonerate you in court, so contact us today to learn more about how we can help.(980) 237-4579.
If your teenage son or daughter is arrested for breaking and entering in Charlotte, they may enter into the state’s juvenile justice system or the adult justice system. In the juvenile system, a court counselor may recommend a diversion program. This is likely if your child does not have a record of criminal or delinquent activity, or if no other serious crime was committed. However, your child could also be taken into custody, and a court counselor can recommend that a prosecutor file a complaint. If your child is prosecuted through the adult justice system, they are subject to the same consequences and punishments as everyone else above the age of 18. If your child has been charged with breaking and entering, contact a Charlotte juvenile defense lawyer from Randall & Stump, Criminal Defense Attorneys today at (980) 237-4579.