What You Need to Know If Charged with a Burglary

When charged with burglary, theft or fraud, it is in your best interest to hire an experienced criminal defense lawyer right away. Any of these convictions can have major consequences, depending on your previous criminal history and the amount of property stolen. An experienced attorney is critical in developing the best defense against the charges you face. The severity of a burglary charge depends many factors such as the nature of the dwelling or building, whether burglary is alleged to have occurred during the daytime or at night, whether the person accused was armed with a deadly weapon, etc.

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In his 12+ years of representing clients, Attorney Robert (“Robbie”) Ferguson has served as both a former state prosecutor and a deputy public defender, giving him a unique perspective on criminal law and making him a powerful ally inside and outside the courtroom. At Ferguson & Ferguson, LLC, Robbie focuses on matters of criminal defense, including burglary charges. Robbie’s extensive experience makes him an ideal resource to create a defense strategy unique to your case and fight for your rights.

If you have been convicted of burglary, please contact Ferguson & Ferguson, LLC today for a consultation at 843-470-4704.

FAQs on Burglary Cases

Q. How long can I go to jail for Burglary?

Burglary is a serious crime that is typically charged as a felony offense. A burglary conviction can carry a broad range of possible penalties depending on the severity of the crime. If convicted, a misdemeanor burglary charge can result in up to a year in jail where a felony burglary conviction can result in up to 20 years or more in prison. If convicted of first-degree burglary, which is violent and the most serious offense, sentences can carry a minimum of 15 years in prison to up to life in prison.

Q. Is residential burglary a felony in South Carolina?

Yes, burglary is defined as entering a building or dwelling without consent with the intent to commit a crime. In the state of South Carolina, burglary offenses are typically charged as felony offenses, including breaking into a residence.

Q. What is the difference between first degree and second degree burglary?

First-degree burglary is a violent crime and the most serious offense. It carries a minimum sentence of 15 years in prison up to life in prison. A person may be guilty of first-degree burglary if:

  1. they entered a dwelling without consent and with the intent to commit a crime; and
  2. they are armed with a deadly weapon or cause physical injury to a person not involved in the crime; and
  3. they threat to use a dangerous instrument or display what appears to be a deadly weapon; and
  4. they have a prior record of two or more convictions for burglary.

Second-degree burglary is similar to first-degree burglary but it refers to a building in lieu of a dwelling. Second-degree burglary is still a serious offense that carries up to 15 years in prison if convicted.

Q. Can I get a burglary charge expunged from my record?

In some cases, a conviction for burglary may be expunged upon the completion of certain requirements and the absence of subsequent criminal convictions. If you feel that your conviction may be eligible for expungement, we recommend contacting an experienced criminal defense lawyer like Robbie Ferguson who can guide you through your options.

Disclaimer – This website, and all materials within it, have been prepared by Ferguson & Ferguson, LLC for informational purposes only. This information is not legal advice, and it is not intended to and does not create a lawyer-client relationship. Viewing or receiving this information does not constitute or create a lawyer-client relationship. Internet users and other readers of this information should not act upon it without seeking professional legal advice. Ferguson & Ferguson, LLC does not undertake a duty of confidentiality with regard to any communication sent to the firm in connection with this website. Past success does not indicate the likelihood of success in any future representation.

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