{"id":375383,"date":"2018-01-24T13:52:46","date_gmt":"2018-01-24T18:52:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-carolina-law\/north-carolina-burglary-laws.html"},"modified":"2018-01-30T17:06:36","modified_gmt":"2018-01-30T22:06:36","slug":"north-carolina-burglary-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-carolina-law\/north-carolina-burglary-laws.html","title":{"rendered":"North Carolina Burglary Laws"},"content":{"rendered":"\n
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North Carolina Burglary Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The crimes of burglary and robbery<\/a> are often confused. Although both offenses share similarities, such as being classified as property crimes<\/a>, a major distinction that separates them is that burglary does not involve a display of force like robbery does. But even without the element of force, burglary is still a serious crime with strict penalties.<\/p>\n

Degrees of Burglary<\/h2>\n

North Carolina recognizes two degrees of burglary<\/a>: first degree and second degree. The state uses the common law definition of burglary: a non-permissible breaking and entering into a dwelling (home) with the intent to commit a crime such as a theft.<\/a> If you burglarize a home when the building is occupied, then the burglary is in the first degree; if no one is home when you burglarize, then the crime is classified as second degree burglary.<\/p>\n

The type of building matters. If the building involved is something other than a dwelling or home, then you could be charged with the lesser offense of breaking and entering. The charge is upgraded to a felony if you break into the building with the intent to commit a crime. The charges are also elevated if you break into a place of religious worship.<\/p>\n

North Carolina Burglary Laws at a Glance<\/h2>\n

The chart below provides a summary of statutes related to North Carolina’s burglary laws, including links to important code sections.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

Penalties and Sentencing<\/b><\/p>\n

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North Carolina uses a complex sentencing formula; the actual sentence will depend on factors such as prior criminal history.<\/p>\n

First degree burglary<\/b><\/p>\n

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  • Class D felony, punishable by 64- 80 months incarceration with no prior criminal record.<\/li>\n<\/ul>\n

    Second degree burglary<\/b><\/p>\n

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    • Class G felony, punishable by 8 -31 months incarceration.<\/li>\n<\/ul>\n

      Breaking and entering<\/b><\/p>\n

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      • Breaking and entering in the first degree is a Class 1 misdemeanor.<\/li>\n
      • Breaking and entering any building with intent to commit larceny or a felony is a Class H felony, carrying a presumptive term of 6 months of incarceration for first-time offenders.<\/li>\n
      • Breaking and entering a place of religious worship is a Class G felony, punishable by 10- 13 months incarceration where there is no criminal history.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Possible Defenses<\/b><\/p>\n<\/td>\n

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  • Mistake of fact<\/li>\n
  • Lack of intent<\/li>\n
  • Consent<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Related Offenses<\/b><\/p>\n<\/td>\n