Burglary charges are serious felonies that can result in significant prison time. A Winston-Salem burglary lawyer could employ a range of effective defense strategies to fight these charges or minimize their impact.
A skilled theft defense attorney at McMinn, Fradin, Gray & Logan could act as a buffer between you and law enforcement. Our legal team is here to ensure that you do not unintentionally make incriminating statements during questioning, fighting from the earliest stages of your case to get your charge reduced or dismissed.
In North Carolina, burglary involves breaking into and entering another’s dwelling with the intent to commit a felony or larceny. However, there are several degrees of burglary offenses with varying penalties.
First-degree burglary is a Class D Felony that involves breaking into and entering a dwelling house or sleeping apartment while it is actually occupied at the time. It is punishable by 38 to 160 months in prison, and even first-time offenders can face a mandatory active sentence.
Second-degree burglary is a Class G felony. This offense occurs when a person breaks into and enters a dwelling or sleeping apartment that is not occupied at the time, or a building within the surrounding area of a dwelling. It is punishable by eight to 31 months in prison.
Burglary with explosives, which involves using explosives to enter a building or open a safe during the crime, is a Class D felony. It carries the same weight as first-degree burglary, meaning convicted offenders could spend up to 160 months in prison.
If you are arrested for or questioned about an alleged burglary offense, do not try to explain your side to the police, as anything you say can be used as evidence against you. Instead, you should immediately contact a Winston-Salem attorney from our firm to begin building your burglary defense and handling all communication on your behalf.
Burglary defenses typically focus on challenging the specific intent or the physical elements of the crime. The state must prove you intended to commit a felony or larceny at the moment you entered the dwelling. If you entered without the intent to steal or commit a crime, it may be possible to have the charge reduced or dismissed.
If you honestly believed you had a right to be in the building or were retrieving your own property, this could be a plausible defense. For example, if the occupant previously permitted you to enter, or if you had a reasonable belief that you were welcome, it may be possible to challenge the prosecution’s case.
Providing evidence, such as GPS data, surveillance, or witnesses, that you were elsewhere at the time of the crime is also an affirmative defense. Likewise, challenging the reliability of eyewitness testimony or forensic evidence that places you at the scene could be an effective approach. However, it is essential to consult with a seasoned attorney in Winston-Salem, as these defenses are highly dependent on the individual facts of the burglary case.
A Winston-Salem burglary lawyer could scrutinize every aspect of the police investigation to identify illegal searches, seizures, or procedural errors that could lead to evidence being suppressed. Our team evaluates all defense strategies that could weaken or eliminate the prosecution’s case against you.
Criminal cases have strict deadlines and involve complex paperwork. Your lawyer from McMinn, Fradin, Gray & Logan could ensure no misfiled forms or missed dates jeopardize your case and negotiate to secure an alternative or lighter sentence. If a conviction occurs, we present any mitigating factors to persuade the judge to impose the lightest possible sentence. Contact our firm today to request your free case review.
