Burglary is one of the most serious property crimes in South Carolina.
If you are facing burglary charges, you need a strong legal defense to challenge the prosecution’s case. At Chambers Law, we fight aggressively to protect your rights and seek the best possible outcome for your case.
Call 843-449-0420 today for a free consultation.
What Is Burglary in South Carolina?
Burglary is defined as unlawfully entering a building or dwelling with the intent to commit a crime inside. The seriousness of the charge depends on factors such as whether the structure was occupied, whether the accused was armed, and whether any injuries occurred.
First-Degree Burglary (S.C. Code § 16-11-311)
- Entering a dwelling (home or apartment) with intent to commit a crime, and one or more aggravating factors apply:
- The defendant was armed
- Someone was inside at the time of entry
- Physical harm was caused to a victim
- The accused has prior burglary convictions
- Punishable by 15 years to life in prison.
Second-Degree Burglary (S.C. Code § 16-11-312)
- Unlawfully entering a building with the intent to commit a crime.
- Can be classified as a violent or non-violent offense.
- Violent second-degree burglary carries up to 15 years in prison.
- Non-violent second-degree burglary carries up to 10 years in prison.
Third-Degree Burglary (S.C. Code § 16-11-313)
- Entering a building (not a residence) without consent and with the intent to commit a crime inside.
- First offense: Up to 5 years in prison.
- Second or subsequent offenses: Up to 10 years in prison.
Common Defenses Against Burglary Charges
Burglary charges are based on intent, meaning the prosecution must prove that you unlawfully entered with the purpose of committing a crime. At Chambers Law, we use strategic defenses to challenge these claims, including:
- Lack of Intent: If there was no intent to commit a crime inside the building, burglary charges may not apply.
- Consent: If you were given permission to enter, your presence was not unlawful.
- False Accusations: Misunderstandings, personal disputes, or wrongful identification can lead to false burglary allegations.
- Insufficient Evidence: The prosecution must prove every element of the crime beyond a reasonable doubt.
- Illegal Search & Seizure: If law enforcement violated your rights, key evidence may be thrown out.
Penalties for Burglary in South Carolina
Burglary is a felony offense, and a conviction can have life-altering consequences, including:
- Lengthy prison sentences (up to life for first-degree burglary)
- Fines and restitution
- A permanent criminal record
- Difficulty finding employment and housing
- Loss of firearm rights
Given the severity of the consequences, it is crucial to have an experienced criminal defense attorney fighting for you.
How Chambers Law Can Help
At Chambers Law, we build strong defenses for clients facing burglary charges by:
- Investigating the details of the alleged offense
- Examining witness statements, surveillance footage, and forensic evidence
- Negotiating with prosecutors to seek reduced charges or dismissals
- Filing motions to suppress unlawfully obtained evidence
- Defending your rights in court if the case goes to trial
