Myrtle Beach Burglary Lawyer

Burglary is the unauthorized entry into a building with the intent to commit a crime. These are serious crimes that require knowledge of the burglary statute and penalty. Hiller and Hiller hase extensive experience defending Burglary crime cases. We make every effort to avoid prison and a felony record. We challenge the evidence, witnesses and informants to get charges dropped, or to negotiate deferred sentences, restitution and other alternatives to time behind bars.

Burglary First Degree

Burglary 1st Degree, or Housebreaking, is a felony punishable by a minimum sentence of fifteen years to life imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. A Defendant charged with this crime will have their bond set by General Sessions, and not by the Bond Court located at the Detention Center or County Jail. Burglary 1st Degree is considered more serious because it either involves a Defendant with a prior record of Burglaries, use or possession of a weapon, or a nighttime entry. This is one of the most serious offenses under South Carolina law.

1. A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime in the dwelling, and either:
1. when, in effecting entry or while in the dwelling or in immediate flight, he or another participant in the crime:
1. is armed with a deadly weapon or explosive; or
2. causes physical injury to a person who is not a participant in the crime; or
3. uses or threatens the use of a dangerous instrument; or
4. displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
2. the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or
3. the entering or remaining occurs in the nighttime.
2. Burglary in the first degree is a felony punishable by life imprisonment. For purposes of this section, "life" means until death. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years.

View South Carolina Code of Laws 16-11-311 for Burglary First Degree.

Burglary Second Degree

This is an exaplaination of burglary second degree.

1. A person is guilty of burglary in the second degree if the person enters a dwelling without consent and with intent to commit a crime therein.
2. A person is guilty of burglary in the second degree if the person enters a building without consent and with intent to commit a crime therein, and either:
1. When, in effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:
1. Is armed with a deadly weapon or explosive; or
2. Causes physical injury to any person who is not a participant in the crime; or
3. Uses or threatens the use of a dangerous instrument; or
4. Displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
2. The burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or
3. The entering or remaining occurs in the nighttime
3. 
   Burglary in the second degree pursuant to subsection (A) is a felony punishable by imprisonment for not more than ten years. Burglary in the second degree pursuant to subsection (A) is a felony punishable by imprisonment for not more than ten years.
   
   
   
   
   
   
4. 
   Burglary in the second degree pursuant to subsection (B) is a felony punishable by imprisonment for not more than fifteen years, provided, that no person convicted of burglary in the second degree pursuant to subsection (B) shall be eligible for parole except upon service of not less than one-third of the term of the sentence.

View South Carolina Code of Laws 16-11-312 for Burglary Second Degree.

Burglary Third Degree

This is an exaplaination of burglary third degree.

1. A person is guilty of burglary in the third degree if the person enters a building without consent and with intent to commit a crime therein.
2. 
   Burglary in the third degree is a felony punishable by imprisonment for not more than five years for conviction on a first offense and for not more than ten years for conviction of a second offense according to the discretion of the Court.

View South Carolina Code of Laws 16-11-313 for Burglary Third Degree.

Myrtle Beach Burglary Attorney