If you are charged with burglary, it can affect many aspects of your life before you ever step into court. Prosecutors often file burglary counts alongside theft, assault, or weapons charges, making these cases complicated. If you are facing burglary allegations, it is important to speak with an Anderson burglary lawyer who understands how to protect your rights during this overwhelming situation.
At Ellis Hinton, LLC, Greenville is our office base, but we service all of SC and beyond. Our attorneys have experience as both state and federal prosecutors, which allows us to anticipate how the government approaches serious crimes. We provide honest, informed guidance to every client. Having a theft attorney who can explain the specific charges and develop a strategic plan can be the key to protecting your freedom.
Under state law, burglary involves unlawfully entering a dwelling (or building in some cases). However, there also needs to be an intent to commit a crime once inside the building or dwelling. However, not all burglary cases are treated equally. The state distinguishes between three degrees of burglary, each carrying different penalties under South Carolina Code of Laws §§ 16-11-311 to 16-11-313.
A defense attorney in Anderson could help you determine which statute applies to your burglary case and what evidence the prosecution must present to prove it.
A defense lawyer in Anderson could analyze the facts of the alleged burglary to determine whether prosecutors overcharged the case. For example, if the property was abandoned, unsecured, or lacked intent to commit a separate offense, the charge could be reduced or dismissed.
This is the most serious form of burglary under South Carolina Code § 16-11-311. It involves entering a dwelling (someone’s home or a place where people sleep) with aggravating factors, such as:
A conviction could leave you with a life sentence, but minimally a 15-year sentence. Because the charge includes violent and nighttime entry elements, prosecutors pursue it aggressively.
This offense can apply in two situations: Entering a dwelling without aggravating factors, or entering a building (such as a store, office, or garage) with an aggravating factor (weapon possession, nighttime entry, or prior record). Penalties range from up to 15 years in prison for the lesser form to up to 25 years for the aggravated form.
This charge covers unauthorized entry into a building (not a dwelling) with the intent to commit a crime, but without aggravating factors per S.C. Code § 16-11-313. It is still a felony, punishable by up to 5 years for a first offense and up to 10 years for subsequent convictions.
The right legal representation could make the difference in your freedom and your rights. At Ellis Hinton, LLC, we approach every case with professionalism, honesty, and precision. Our background as former prosecutors gives us unique insight into how to build a strong defense for serious charges. Contact us today to speak with an Anderson burglary lawyer and learn how we could help you take the next step to secure your future.
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