Breaking and Entering

Are you facing charges of breaking and entering in North Carolina? In many cases, breaking and entering (also known as “B&E”) constitutes a felony offense with significant, life-altering penalties and consequences on conviction. Don’t face those consequences alone. Instead, get help from Greenwood Law to more effectively seek a favorable outcome for your case.

At our firm, you will never be made to feel like just another case number. Instead, you will work with one attorney throughout your case so that you have an advocate providing you with the vigorous legal support, attention to detail, and outstanding client service you deserve.

Don’t wait another moment to get serious about your defense. Contact Greenwood Law today for an initial case evaluation to discuss your charges with a breaking-and-entering defense lawyer serving Winston-Salem, and let’s discuss your path forward together.

Understanding North Carolina’s Breaking and Entering Laws

North Carolina criminal law includes statutes prohibiting various breaking and entering offenses. Generally, a person commits the crime of breaking and entering when they:

Break or enter a building with the intent to commit a felony or larceny therein

Break or enter a building with the intent to terrorize or injure an occupant
Wrongfully break or enter any building

The law also includes statutes that outlaw other specific breaking and entering offenses, such as:

Breaking and entering a place of religious worship: A person commits a crime if they wrongfully break or enter any building serving as a place of religious worship, intending to commit any felony or larceny inside.
Breaking and entering a pharmacy: A person commits a crime by breaking or entering a pharmacy intending to steal controlled substances.
Breaking or entering railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft: A person commits a crime by breaking or entering any railroad car, motor vehicle, trailer, aircraft, or watercraft of any kind containing anything of value, with the intent to commit a felony or larceny inside.
Breaking into or forcibly opening coin- or currency-operated machines: A person commits an offense by forcibly breaking into or making unauthorized use of a key or instrument to open a coin- or currency-operated machine intending to steal property or money inside.
Breaking into paper currency machines: A person commits a crime by forcibly breaking into any vending or dispensing machine operated or activated by using or inserting U.S. paper currency.

The law also makes it a crime to prepare to commit a breaking and entering offense.

Be aware that the definition of breaking and entering can be interpreted broadly. For example, if the person having dominion or control over a property has revoked the accused’s right to be on that property, the accused could face a misdemeanor charge of breaking or entering—even if they possessed a key given to them by the property owner.

Consequences of a Conviction for Breaking and Entering

A person convicted of breaking and entering in North Carolina may face various penalties depending on the nature of their offense, which controls how the law grades the crime and the potential sentences a court can impose following a conviction.

For example, wrongfully breaking and entering a building constitutes a Class 1 misdemeanor, which carries a penalty of:

Up to 45 days of community punishment for a first offense
Up to 45 days of community, intermediate, or active punishment for a defendant with one to four prior convictions
Up to 120 days of community, intermediate, or active punishment for a defendant with five or more prior convictions

However, breaking and entering a building intending to commit a felony or larceny inside or injure an occupant constitutes a Class H felony, which carries a penalty of four to 25 months, depending on a defendant’s prior record level. The law classifies most other breaking and entering offenses as felony crimes.

In addition to potential community punishment or incarceration, a court may impose other sentencing provisions on a convicted defendant, such as court costs, fines, and restitution. Restitution requires defendants to reimburse their victim(s) for the financial losses they incurred due to the defendant’s crime.

Finally, a breaking and entering conviction will result in a defendant having a criminal record that may follow them for the rest of their lives. When a criminal record appears in a background check for employment, housing, or educational opportunities, offenders may find it challenging to pursue opportunities even after completing their criminal sentence.

Because a breaking-and-entering conviction can have long-lasting consequences, you can best protect your reputation and future by working with a knowledgeable criminal defense attorney from Greenwood Law to prepare a case strategy against your charges.

Defenses to a Breaking and Entering Charge

A defendant facing charges of breaking and entering may raise various factual and legal defenses to challenge the prosecution’s case and seek a reduction of charges, dismissal, or acquittal. Common defenses to breaking and entering charges include:

Lack of intent: To upgrade a breaking and entering charge to a felony, the prosecution must prove that a defendant had the intent to commit a felony or larceny or to injure a person inside a building. A defendant may argue that the evidence fails to prove beyond a reasonable doubt that they had any intent to commit an underlying crime inside the building or vehicle:
Consent: Defendants may present evidence showing they had the property owner’s or occupier’s consent to enter the building or vehicle; alternatively, defendants may argue they reasonably had a mistaken belief they had the owner’s permission.
Mistaken identity/alibi: Defendants may argue that eyewitnesses have mistakenly identified them as the individual who wrongfully entered the building or vehicle or present alibi evidence to prove they were elsewhere when the crime occurred and thus could not have committed it.
Lack of evidence of breaking or entering: A defendant may contend that the prosecution’s case lacks sufficient evidence to prove they forced their way into a building, vehicle, or machine or crossed the threshold of a building or vehicle to “enter” it.

Defense strategies in breaking and entering cases may also focus on challenging the admissibility of the prosecution’s evidence. This strategy could involve questioning the reliability of forensic evidence or arguing that law enforcement obtained evidence or inculpatory statements from a defendant by violating their rights.

How Can a Criminal Defense Attorney Help You Resolve a Breaking and Entering Charge?

A property crimes defense lawyer from Greenwood Law can help you pursue a vigorous breaking and entering defense and fight for a favorable resolution to your case by:

Thoroughly investigating your charges to secure all available evidence that can help us build a comprehensive, compelling legal strategy to fight for a favorable resolution to your case
Identifying potential defenses and case strategies
Explaining the nature of your charges, the potential outcomes of your case, and what to expect in the criminal justice system to help you make informed decisions
Aggressively contesting the prosecution’s case at every available opportunity, such as by filing motions to exclude inadmissible or unlawfully obtained evidence or to reduce/dismiss your charges because of insufficient evidence
Fighting as hard as necessary to obtain the best possible outcome for your case, even when that means taking your case to trial if you choose to fight your charges or maintain your innocence

Contact Our Firm Today to Discuss Your Options

If you’ve been charged with breaking and entering in North Carolina, you need seasoned legal guidance to defend your rights, reputation, and future. Contact Greenwood Law today for a confidential consultation with a breaking-and-entering defense attorney serving Winston-Salem, and learn what our legal team can do for your options for resolving your probation/supervised release violations.