Burglary Charges in South Carolina

A burglary arrest moves fast. A deputy knocks at night, and by morning you are in the Anderson County Detention Center staring at a charge that sounds like one crime but is actually three.The degree drives everything. Third-degree and first-degree burglary start with the same word on a warrant. One can end in probation. The other is among the most serious criminal offenses in the Palmetto State.Our Anderson criminal defense lawyers defend people across Anderson County and Oconee County, in the same courthouse where one of our attorneys once prosecuted. Call (864) 777-8062 for a free, confidential consultation.## Which Burglary Degree Are You Actually Charged WithUnder SC Code of Laws § 16-11-310-313, burglary means entering a dwelling or building without consent, intending to commit a crime inside. The degree comes down to what you entered and what else was happening.- Third degree. Entering a building with no aggravating factors. Up to five years on a first offense, up to ten on a second conviction.

• Second degree. Subsection (A) covers entering a dwelling with no aggravating circumstances, up to ten years. Subsection (B) covers entering a building when an aggravating circumstance applies, up to fifteen years, with no parole until a third of the sentence is served.
• First degree. Entering a dwelling when an aggravating circumstance applies. Punishable by life, with the court able to sentence no less than fifteen years.### Dwelling or Building: the Distinction that Changes EverythingSC law does not use these words loosely. A building is any structure, vehicle, watercraft, or aircraft where someone lodges, where people gather for business, government, education, religion, entertainment, or public use, or where goods are stored. A storage unit counts. So does a closed shop.A dwelling means living quarters normally used for sleeping or lodging, plus the older “dwelling house” definition in § 16-11-10. That one reaches further than people expect. Sheds and outbuildings within two hundred yards of a home and on the same property can be treated as part of it, so a detached garage may be charged as a dwelling. That reclassification alone doubles the exposure.> Related

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How Much Does an SC Defense Lawyer Cost?## The Aggravating Circumstances Prosecutors Reach ForFirst degree and second degree (B) each require only one aggravating circumstance. The statutes list the same set:1) You or another participant was armed with a deadly weapon or explosive.

2. Someone who was not a participant suffered physical injury.
3. You or another participant used or threatened a dangerous instrument.
4. Someone displayed what is, or appears to be, a knife, pistol, revolver, rifle, shotgun, or other firearm.
5. The person charged has two or more prior convictions for burglary or housebreaking.
6. The entering or remaining happened in the nighttime.That last one surprises almost everyone. No weapon, no injury, no violence required. A plain entry into a home after dark can support a first-degree charge on timing alone. The weapon definitions stretch too: a firearm taken from inside the home can count as being armed, even if you arrived with nothing.> Did you know?

We handle

weapons and gun charges in Anderson

, SC. ## What a Conviction Carries| Charge | Statute | Maximum exposure | | ---------------------------------------- | -------------- | ---------------------------------------------- | | Third degree, first offense | § 16-11-313(B) | Up to 5 years | | Third degree, second offense | § 16-11-313(B) | Up to 10 years | | Second degree, dwelling, no aggravator | § 16-11-312(A) | Up to 10 years | | Second degree, building, with aggravator | § 16-11-312(B) | Up to 15 years, parole after one-third served | | First degree | § 16-11-311(B) | Life, court may sentence no less than 15 years |Then there is the rule people call the two-strike law. First-degree burglary is a “most serious offense” and second degree under subsection (B) is a “serious offense.” A most serious conviction plus one qualifying prior can require life without parole. The solicitor decides whether to invoke it and must give written notice ten days before trial.The criminal record outlasts the prison sentence. Felony burglary cannot be expunged in South Carolina, so it follows you through job applications, housing screenings, and licensing.## The Doorway Question Prosecutors Have to AnswerA charge is not a conviction. Prosecutors must prove each element beyond a reasonable doubt: that you entered, that the entry was without the consent of the person in lawful possession (including consent gained by deception), that you intended to commit a crime inside at the moment of entry, and for the top two charges, that an aggravating circumstance applied.Intent is where burglary cases get thin. Nobody reads a mind at a doorway, so the state builds intent from circumstances: the hour, what was carried, what was said. That proof can convince a jury. It can also come apart when the circumstances have another explanation.> Related

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property crimes lawyer in Anderson## Where a Burglary Defense Usually StartsEvery case turns on its own facts, and no lawyer can tell you how yours ends. These are the first places we look:- Identification. Poor lighting, a brief glimpse, or a suggestive photo lineup all deserve hard scrutiny.

• Consent and authority. Former tenants, separated partners, and people retrieving their own personal property raise real questions about whether entry was ever unauthorized.
• Intent at entry. Entering for shelter, by mistake, or while impaired is a different allegation than entering to steal.
• The forensic record. DNA evidence and cell phone GPS tracking are only as reliable as their collection. Touch DNA can reflect innocent contact, and cell data often shows an area, not a doorway.
• Probable cause. If a law enforcement officer searched a phone, car, or home without a valid basis, what came out of it may be challenged.
• The degree itself. Arguing a building rather than a dwelling, or no aggravating factor, moves a case down a level before trial is ever discussed.Burglary also rarely travels alone. Grand larceny covers property above $2,000, charged in the Class F felony range to $10,000 and the Class E felony range above it, with petit larceny below that line. Watch for companion charges like burglary tools, malicious injury and property damage, and illegal graffiti vandalism.## How These Cases Move Through the 10th CircuitAnderson County sits in the 10th Judicial Circuit with Oconee County, and felony burglary is prosecuted in the Court of General Sessions by the 10th Circuit Solicitor’s Office. The path runs from arrest and booking to a bond hearing, a preliminary hearing if requested in time, indictment, pretrial motions and plea bargaining, then trial or resolution. First-degree bond is set by a circuit judge, not a magistrate.The 10th Circuit runs a pretrial intervention program. Eligibility sits in the solicitor’s discretion, and violent offenses are generally excluded, which matters because first degree and second degree (B) are violent crimes. Third degree is not, so for some first-time clients it is worth asking about early. Applications are time-sensitive.Attorney Jarrett Roman, who leads our Anderson office, served as an Assistant Solicitor in the 10th Circuit and knows the prosecutorial process from the inside. He is also a Marine Corps and Army combat veteran.## Charged with Burglary in Anderson County? Here is Your Next StepUntil you have a lawyer, say nothing about the case to deputies, cellmates, or anyone on a recorded jail call. Do not consent to searches. Write down where you were and who saw you, and save anything that proves it before security footage overwrites.Then let us go to work. We review the warrant, pull the reports and body camera footage, test the forensic record, and build the defense of a burglary charge around what the evidence supports. When a case should be tried, we try it. When a resolution serves you better, we negotiate from a prepared position.Call our Anderson office at (864) 777-8062 for a free and confidential consultation, available 24/7.## Frequently asked questions