What is the difference between a misdemeanor and felony breaking or entering charge in North Carolina?

The key difference is intent. Misdemeanor breaking or entering involves wrongful entry without intent to commit a crime, while felony breaking or entering requires intent to commit a felony or larceny inside the building.

Can I be charged with breaking or entering if I didn’t actually break anything?

Yes. Breaking can include opening an unlocked door, pushing open a window, or entering through threat or deception. Physical damage is not required.

What qualifies as a building under North Carolina breaking or entering laws?

A building includes houses, uninhabited dwellings, buildings under construction, and structures within the curtilage such as sheds or detached garages, as well as any structure designed to secure property or activity.

What are the penalties for a Class H felony breaking or entering charge?

A Class H felony can result in prison time depending on factors such as prior record level and circumstances of the offense under North Carolina sentencing guidelines.

Does having a firearm increase the severity of a breaking or entering charge?

Yes. Possessing a firearm during the offense can increase the charge by one class level under North Carolina law, leading to more severe penalties.

Where do I go for my court date in Greensboro?

Court date and location information can be found through the Guilford County system or your attorney. Your firm’s client portal and FAQ pages also provide guidance on court locations, parking, and procedures.

Breaking or Entering Lawyer Greensboro, NC

Misdemeanor & Felony Breaking or Entering

What is Breaking or Entering?

In North Carolina, N.C. Gen. Stat 14-54 lays out what breaking or entering is and what enhancements come along with this. Breaking or Entering can be a Misdemeanor or Felony and again, depends on what enhancements might come along with your charge. For the purposes of breaking or entering, the definition of a building is:

(c) Definition.--As used in this section, “building” shall be construed to include any dwelling, dwelling house, uninhabited house, building under construction, building within the curtilage of a dwelling house, and any other structure designed to house or secure within it any activity or property.

Our Breaking or Entering Greensboro Lawyers will help you build a defense if you are being charged with breaking or entering. The most important part to breaking or entering is the breaking part of the charge. Breaking can be construed as physically removing barriers, you do NOT need to actually break anything for it to be considered “breaking”. Entering by threat, force, trick or fraudulent can also be construed as breaking. It also depends on what type of building you broke into, the time of day and the intent behind your entry into the building.

Felony Breaking or Entering

Felony Breaking or Entering (“Felony B+E”) is a Class H felony in North Carolina and is generally when you break or enter into a building with an intent to commit a felony or larceny (theft) in that building. N.C. Gen. Stat 14-54(a) describes what Felony Breaking or Entering is. Our Greensboro Criminal Defense Attorney explains the elements of Felony Breaking or Entering that need to be proved:

person
breaks or enters
building
intent to commit a felony or larceny therein

Felony Breaking or Entering with Intent to Terrorize or Injure

Felony Breaking or Entering is a charge alone, but there is also the “Intent to Terrorize or Injure” add on. That is a Class H felony governed by N.C. Gen Stat. 14-54(a1). Contact our Greensboro Criminal Lawyer for a free 30 minute consultation, we can help you! The State of NC through the Guilford District Attorneys Office must have these elements proved:

person
breaks or enters
any building
intent to terrorize or injure
on occupant of building

Misdemeanor Breaking or Entering

Breaking or Entering can also be a misdemeanor in North Carolina. If you are charged with this, it is a Class 1 Misdemeanor. Our Breaking or Entering Greensboro Lawyer can do a free 30 minute consultation and explain to you what the punishments look like for Misdemeanor Breaking or Entering. The elements of Misdemeanor Breaking or Entering are:

person
wrongfully breaks or enters
any building

Enhancements

N.C. Gen. Stat 14-54(b)(2) lists an enhancement for Misdemeanor and Breaking or Entering. If someone possesses a firearm during the commission of the offense, the level will increase by ONE class level. Contact our top rated Greensboro Criminal Lawyer for more information on this.

Frequently Asked Questions: Breaking or Entering Charges in Greensboro, NC

What is the difference between a misdemeanor and felony breaking or entering charge in NC?
In North Carolina, the primary difference is the intent part of the charge. Misdemeanor Breaking or Entering is when someone wrongfully enters a building without the intent to commit a crime inside. Felony Breaking or Entering is a Class H felony and requires the state to prove you entered with the intent to commit a felony or larceny (theft). Contact our Greensboro Criminal Defense Attorneys to evaluate your case.
Can I be charged with breaking or entering if I didn’t actually break anything?
Breaking can be construed as opening an unlocked door, pushing a window further open or entering through a threat can be considered breaking. You do not need to actually smash a window or kick a door for it to be considered breaking.
What qualifies as a “building” under North Carolina breaking or entering laws?
N.C. Gen. Stat. 14-54 defines building as houses, uninhabited dwellings, buildings under construction and even structures within the “curtilage” such as a shed or detached garage. The definition also covers any structure designed to secure a property or activity.
What are the penalties for a Class H felony in Greensboro, NC?
A Class H felony, such as Felony Breaking and Entering can carry prison sentences but there are numerous factors that play into how you will be punished. One factor is your prior record level. Call our Greensboro Lawyer to figure out where you are on the North Carolina Sentencing Grid.
Does having a gun make a breaking or entering charge worse?
Yes it does. N.C. Gen. Stat. 14-54(b)(2) says that possessing a firearm during the commission of the offense qualifies for a sentencing enhancement. This means that the charge class level is increased by one class level when can mean prison time. Contact our Greensboro Breaking and Entering Lawyer to find out more.
Where do I go for my court date in Greensboro?
You find this information on our Client Portal Page or our FAQs page which lays out resources for our court appointed and privately retained clients. There will be pages showing you how to find your court dates in Greensboro, NC, figure out which courtroom your in at the Guilford County Courthouse and where you can park on the day of court and more.

Reviews from our Clients

Aberle and Connolly is proud that we have represented numerous clients facing Breaking or Entering charges or Burglary charges in Greensboro, NC.

Mr. Aberle is a great choice for an attorney and I would recommend him and his firm for any legal issues that may seem daunting. This is an A+ choice and He was kind, reassuring, and personable, also was emphatic to anyone he talks with about their situation, very punctual in his time and responses. I was never in the dark and felt like I was in good hands. I felt like I made a really good choice and everything came out to the desirable outcome. You can't make a better choice as to who to choose to represent you, Aberle and Wall attorneys are top notch. Definitely recommend them to one and all.

— MATTHEW ADAMS, GOOGLE.COM

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