North Carolina Burglary Lawyer

Breaking into an occupied home with the intent to commit a felony or theft is first-degree burglary in North Carolina. Someone must be present in the dwelling at the time for this charge to apply. This is one of the most serious crimes a person can face, classified as a Class D felony. Aggravating factors like prior convictions or the use of a weapon can push sentencing even higher.

The absence of an occupant does not make a burglary charge disappear. Second-degree burglary applies when someone unlawfully enters a home or sleeping quarters with no one present. The intent to commit larceny or a felony remains a key aspect of this crime. North Carolina law classifies this crime as a Class G felony. A skilled attorney can research the details of your case and protect you from conviction.

Burglary requires proof of intent to commit a felony or theft inside a dwelling or a room used as a sleeping apartment. Under NC G.S. § 14-54, breaking and entering applies more widely across building types and circumstances. This statute details the following information:

• Entering with intent to injure, terrorize, or commit a felony or larceny is a Class H felony
• Wrongfully entering without any of these intents is a Class 1 misdemeanor
• Unlawfully entering a business or other building with a sign indicating that public entry is forbidden is a Class 1 misdemeanor on the first offense. Subsequent offenses qualify as Class I felonies.
• Carrying a firearm during the offense raises the charge one class higher

North Carolina prosecutors sometimes file breaking-and-entering charges instead of, or in addition to, burglary charges. That distinction can matter greatly to your case outcome. The Wilkie Law Firm is ready to review your case and help you understand what you are facing.

Is Breaking and Entering a Felony in NC?

Not every breaking and entering charge is a felony. Intent is what separates a misdemeanor from a felony in most cases. Entering a building with the intent to commit a felony or larceny is a Class H felony. Wrongfully entering without that intent drops the charge to a Class 1 misdemeanor. Prior history of breaking and entering and aggravating circumstances may increase applicable charges.

Prosecutors may pursue burglary-related charges before any break-in occurs in North Carolina under G.S. § 14-55. Simply having a picklock, manipulative key, or similar tool without a lawful excuse can be enough to obtain a Class I felony criminal charge. Our skilled burglary lawyers can challenge whether the intent and circumstances meet the legal standard.

Attempted Burglary vs Burglary

The line between attempted burglary and burglary comes down to how far the actions went. A completed burglary means someone unlawfully entered a structure with the intent to commit a felony or theft. Attempted burglary means that intent existed, but something prevented entry. Burglary charges at either level may have serious consequences.

The penalties for attempted offenses typically fall one class below those for the completed crime. North Carolina theft attorney Wilkie represents clients facing both charges.

Stealing from a vehicle, boat, trailer, or aircraft carries real criminal consequences in North Carolina. According to G.S. § 14-56, being found inside one without a lawful reason is prima facie evidence of a violation. The charge level depends on the value of the stolen goods. A Class I felony applies to cases with stolen goods worth less than $20,000. Charges rise to a Class C felony when the goods exceed $100,000 in value. Breaking into a law enforcement or military vehicle is a Class H felony regardless of the value of stolen property.

Vending machines, pay phones, and other coin or currency-operated devices have legal protections under the following NC General Statutes:

• § 14-56.1 – Forbids forcibly breaking into or unlawfully opening coin/currency-operated machines with the intent to steal. 
• § 14-56.2 – Covers willfully damaging or destroying a coin/currency-operated machine. 
• § 14-56.3 – Outlaws forcibly breaking into a paper currency machine with the intent to steal.

A first-time offense of any of these crimes qualifies as a Class 1 misdemeanor. Subsequent offenses involving the breaking into a coin, currency, or paper money machine are Class I felonies. A North Carolina burglary lawyer at the Wilkie Law Group handles burglary cases of all types, including these lesser-known statutes.

Using explosives to break into a building and crack open a vault or safe is one of the most serious offenses according to NC law. Under § 14-57, it does not matter whether the building was occupied or whether the attempt was successful. The use of nitroglycerine, dynamite, gunpowder, and acetylene torches all fall under this statute. 

A conviction means sentencing as a Class D felon, which carries significant prison time. Aden Wilkie takes these charges seriously and works hard to protect the rights of every client facing them in North Carolina.