What is First Degree Burglary in South Carolina?

First degree burglary is a felony in South Carolina with serious consequences and penalties. Knowing the definition, the laws, the different degrees of burglary and the defenses is key if you’re facing these charges.

This guide will give you a quick and easy understanding of first degree burglary in South Carolina.

First Degree Burglary in South Carolina

Unlawful Entry

First degree burglary in South Carolina requires unlawful entry. This means the person must knowingly and unlawfully enter or remain in a building or structure. The key here is the unauthorized entry which sets the crime up.

Intent to Commit a Crime

The person must have the intent to commit a crime inside. This intent is what distinguishes burglary from trespassing. The crime can be theft or something more serious but the key is the intent at the time of entry.

Aggravating Factors

First degree burglary has specific aggravating factors:

  • Armed with a Deadly Weapon: If the person is armed it’s an aggravating factor.
  • Physical Injury: Inflicting physical injury on someone not involved escalates the crime.
  • Threat of Dangerous Instrument: Using or threatening to use a dangerous instrument such as knives or firearms is an aggravating circumstance.
  • Serious Bodily Injury: Inflicting serious bodily injury on someone not involved escalates the crime.
  • Use of a Machine Gun: Displaying or using a machine gun during the commission of the burglary is an aggravating factor.
  • Prior Convictions: Having two or more prior burglary convictions is an aggravating factor.

Legal Consequences

First degree burglary is a felony punishable in South Carolina. Sentences can range from 15 years to life imprisonment. The penalties are meant to deter such serious crimes and protect public safety.

First Degree Burglary Penalties

Felony

First degree burglary in South Carolina is a felony. This means it’s treated seriously in the legal system.

Imprisonment

A first degree burglary conviction carries long prison sentences. 15 years minimum with a life sentence possible in some cases. The length of the sentence reflects the harm to the victim and society.

Aggravating Factors

Penalties can be even harsher if the burglary had aggravating factors:

  • Use of Weapons: If the person was armed with a deadly weapon it could mean longer prison sentences.
  • Physical Injury: Inflicting physical injury on someone not involved in the burglary can mean more severe penalties.
  • Immediate Flight: If the person causes injury while in immediate flight from the scene, it can result in harsher penalties.
  • Prior Record: Having a prior record of two or more burglary convictions can increase the sentence because of the repeat offender status.

Other Legal Consequences

  • Fines: Fines can be substantial adding to the criminal sentence.
  • Probation: In some cases the court may impose probation with conditions upon release.
  • Parole Restrictions: Offenders may be restricted from parole making early release from prison less likely.

Long Term Consequences

A first degree burglary conviction has long term consequences beyond the immediate penalties:

  • Criminal Record: A felony record can affect future employment, housing and other areas of life.
  • Social Stigma: Convicted people may face social stigma and challenges reentering society.
  • Legal Disabilities: Certain civil rights such as voting and firearm possession may be lost after a felony conviction.

Comparison to Other Degrees of Burglary

Second Degree Burglary

Second degree burglary is less serious than first degree burglary, which is considered a violent crime. It’s unlawful entry into a building with the intent to commit a crime but without the aggravating factors of first degree burglary. Penalties for second degree burglary are less severe, the crime is less harmful. Sentences are shorter prison sentences and smaller fines.

Third Degree Burglary

Third degree burglary is the least serious. It’s usually unlawful entry with the intent to commit a misdemeanor not a felony. This degree of burglary is usually in unoccupied buildings or structures where the intent is less harmful. Penalties for third degree burglary are the least of the three, often just time or probation and smaller fines.

Aggravating Factors

The aggravating factors are the main difference between the degrees of burglary. First degree burglary requires additional elements like use of a weapon, physical injury or prior convictions. Those factors make the crime more severe and the penalties harsher. Second and third degree burglaries don’t have those elements so the sentences are milder.

Legal and Social Consequences

All burglary charges have legal and social consequences but the impact varies with the degree of the crime:

  • First Degree Burglary: Harshest legal penalties and most social stigma because of the violent and dangerous nature of the crime.
  • Second Degree Burglary: Moderate legal consequences and social impact, the crime is intermediate in severity.
  • Third Degree Burglary: Lightest legal penalties and social consequences, for lesser criminal intent and impact.

Man on Car Getting Arrested

Defenses for First Degree Burglary Charges

Permission to Enter

One defense is to argue the defendant had permission to enter the premises and that the property was in the lawful possession of the defendant. If the defendant believed they had consent from the property owner or occupant, and the property was in the lawful possession thereof, it could negate the unlawful entry element of the burglary.

No Intent

Another defense is the lack of intent. The prosecution must prove the defendant intended to commit a crime when they entered the building. Showing the defendant had no such intent can be a good defense.

Misidentification

Misidentification can be a defense in first degree burglary cases. The defense can argue the defendant was misidentified as the perpetrator. This can be supported by alibis, witness testimony or evidence the defendant was somewhere else at the time of the crime.

Challenging Evidence

Challenging the prosecution’s evidence is another big defense. This means scrutinizing the evidence for inconsistencies, procedural errors or lack of reliability. For example if the evidence linking the defendant to the crime scene is weak or obtained illegally it can be challenged.

Building Status

A defense can be made by questioning the status of the building. If the structure was not a dwelling at the time of entry it could reduce the charge from first degree to a lesser degree of burglary. But this defense needs to be handled carefully so as not to imply the intent to burglarize an inhabited building.

Alibi

A solid alibi is a simple defense. If the defendant can prove they were not at the crime scene during the alleged burglary they are exonerated. This can be through witness statements, video footage or other evidence.

No Prior Convictions

Point out the lack of two or more convictions for prior burglaries can reduce the charges. If the defendant has no criminal record it may influence the court to consider lighter penalties or alternative sentencing like probation.

Psychological Defenses

In some cases psychological defenses may apply. This means proving the defendant was not in a sane mind at the time of the crime which can impact their ability to form the intent for a burglary charge.

Plea Bargaining

Plea bargaining can be a practical approach in some cases. By pleading guilty to a lesser charge the defendant may get a lighter sentence. This requires careful negotiation and consideration of the long term consequences.

Contact an Experienced Clemson Criminal Defense Lawyer Today!

Understanding the differences between the degrees of burglary is crucial for any person convicted.. It is especially helpful when working with an experienced Clemson criminal defense attorney, as they fight to get the severity of your charges lowered.

Contact us for a free case review at 864-745-9758 today!

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