Facing A Burglary Charge & Not Sure What Comes Next? Reach Out for Guidance
If you or someone you care about has been accused of burglary, it can feel like your future is suddenly at risk. You may be worried about jail, a permanent criminal record, and how this will affect your job and family. At Floyd Law Offices PLLC, our team works with people in this exact situation and helps them understand what a burglary charge really means and what can be done about it.
We are a criminal defense firm based here in Raleigh, and our work focuses on understanding each client as an individual and building a defense strategy that fits their life. When you contact us, you do not become a file number. We take time to hear your side of the story, explain the process in clear language, and begin looking at every legal option available.
Burglary cases in North Carolina are serious felony matters, and early decisions can have long-term consequences. Our goal is to guide you through each stage of the case, protect your rights, and work to limit the impact this charge has on your future.
If you are facing burglary charges, don't leave your future to chance—consult with a burglary attorney in Raleigh today. Floyd Law Offices PLLC offers a free consultation to help you understand your rights and start building a powerful defense. Call (919) 805-3663 or contact us online to get started.
Understanding Burglary Laws in North Carolina
North Carolina adheres to a strict interpretation of burglary, dividing the offense into two distinct degrees. The primary difference between the two lies in whether a person was inside the structure at the time of the alleged crime. As your burglary attorney in Raleigh, we meticulously analyze the details of your arrest to ensure you are not being overcharged.
First-Degree Burglary: Under NCGS § 14-51, First-Degree Burglary occurs if a person breaks and enters a dwelling house or sleeping apartment of another, while it is actually occupied, at night, with the intent to commit a felony or larceny therein. Because this involves an occupied residence, it is treated as a highly dangerous violent felony.
Second-Degree Burglary: Second-Degree Burglary occurs under the same circumstances—breaking and entering at night with criminal intent—but the structure is not occupied at the time. This also applies if the crime occurs in a building within the "curtilage" of the dwelling (like a detached garage or a guest house).
Burglary vs. Breaking and Entering
It is a common misconception that these are the same. Simple "Breaking and Entering" (NCGS § 14-54) can occur during the day or night and doesn't always require the intent to commit a felony. Burglary, however, is a "nighttime" crime that specifically targets places where people sleep.
A Raleigh burglary lawyer will often seek to have burglary charges reduced to breaking and entering, which carries significantly lighter penalties.
Penalties and Collateral Consequences of Burglary Convictions in North Carolina
The penalties for burglary in North Carolina are among the most severe for property-related crimes, as they are based on the state’s structured sentencing "Grid."
First-degree burglary (Class D felony): Carries a potential prison sentence of approximately 38 to 160 months or more under North Carolina’s structured sentencing grid.
Second-degree burglary (Class G felony): Punishable by a possible prison term of roughly 8 to 31 months or more, depending on prior record level and sentencing factors.
Collateral Consequences
A conviction for burglary stays with you long after any prison sentence is completed. A Raleigh burglary lawyer must prepare you for the following:
Permanent Felony Record: Burglary is a "crime of moral turpitude," which can prevent you from obtaining professional licenses or passing employment background checks.
Loss of Civil Rights: You will lose your right to vote (while serving your sentence) and your right to possess a firearm.
Housing Barriers: Many landlords in Wake County refuse to rent to individuals with a history of residential break-ins.
Immigration Consequences: For non-citizens, a burglary conviction is often considered an "aggravated felony," which can lead to mandatory deportation.
Our Comprehensive Approach to Burglary Defense
At Floyd Law Offices PLLC, we don't believe in a one-size-fits-all defense. Our firm provides a tailored strategy that looks at the unique circumstances of your life and your case.
When you hire a burglary attorney in Raleigh from our team, we immediately implement:
Alibi Verification: We use GPS data, cell phone records, and witness statements to prove you were elsewhere at the time of the crime.
Challenging Identification: Burglary cases often rely on grainy night-vision footage or unreliable eyewitnesses. We work with experts to challenge the accuracy of these identifications.
Consent Defense: If you had a reasonable belief that you were allowed to be on the property—such as a dispute with a former partner or landlord—we argue that no "unlawful" entry occurred.
Constitutional Protection: We scrutinize the actions of the Raleigh Police or Wake County Sheriff to ensure they didn't bypass your rights during their investigation.
Why People Facing Burglary Charges Turn To Our Team
When someone is arrested for a property offense that involves entering a home or building, they often feel like everyone has already decided what happened. We approach these cases differently.
At Floyd Law Offices PLLC, we start by learning what is important to you, such as staying employed, protecting school or military plans, or reducing immigration risks, and we build a defense plan with those goals in mind.
Our team handles a wide range of criminal cases, including DWI, assault, drug offenses, juvenile matters, sex offenses, and other serious charges. This experience gives us a detailed understanding of how felony cases move through the courts and how prosecutors build their files.
We take a thorough approach that goes beyond reading a police report. Our work can include seeking additional records, talking with potential witnesses, and reviewing any available video or digital information. We also use pre-trial motions when appropriate, for example, to challenge statements or evidence that may have been obtained through unlawful searches or questioning.
Throughout your case, we focus on communication. We explain what is happening, what options are on the table, and how each choice may affect you.
What To Do After A Burglary Arrest In Raleigh
After a burglary arrest in Raleigh, the initial hours and days are often stressful and confusing. What you do during this time can have a significant impact on your case. Taking deliberate, informed steps can help protect your rights and reduce the risk of creating additional legal problems before your case even reaches court.
Remain calm and exercise your right to remain silent: You are not required to answer questions about the allegations and may ask to speak with an attorney before talking to law enforcement. Avoid discussing the situation with police, the alleged victim, or others, as statements can later be used against you.
Review and track all paperwork carefully: Pay close attention to documents related to your arrest or release, including your first court date in Wake County District Court. Missing a court appearance can lead to serious consequences, such as a warrant.
Preserve potential evidence: Identify and keep any information that may help your defense, such as witness contact details, messages, location data, or receipts. Do not delete or alter records, and avoid posting about the case on social media.
Contact a burglary lawyer as soon as possible: Early legal guidance allows an attorney to review the charges, explain what to expect at upcoming court dates, and help you avoid mistakes that could complicate your case.
Talk With Our Team About Your Burglary Charge
Dealing with a burglary accusation can be overwhelming, especially when you are trying to balance family, work, and the uncertainty of a serious criminal case. You do not have to face that alone. At Floyd Law Offices PLLC, we focus on learning who you are, how this charge affects your life, and how we can build a defense that reflects your priorities.
A burglary conviction can carry the possibility of jail or prison time, but the outcome depends on the degree of the charge, your prior record level, and any aggravating or mitigating factors. Some cases may allow for probation or alternative outcomes, while others involve mandatory active sentences. We evaluate your potential exposure under North Carolina’s sentencing rules and work to reduce the risk of the most severe penalties when possible.
Can a Burglary Charge Be Reduced or Dismissed?
Burglary charges can sometimes be reduced or dismissed, depending on the strength of the evidence, the existence of legal or factual defenses, and how the case is handled. In some matters, issues with proof of intent, identity, or the legal definition of burglary create opportunities for motions or negotiations. While no result can be guaranteed, we focus on identifying every lawful way to improve your position.
What Happens at My First Court Date in Raleigh?
Your first court appearance in Raleigh typically involves confirming your identity, reviewing the charges, and addressing release conditions. It is not a trial, but it is an important procedural step. If the case is a felony, later proceedings may move to Superior Court. Having an attorney present helps ensure you understand what to expect and how to approach each stage.
How Soon Should I Contact a Burglary Lawyer?
It is usually best to contact a lawyer as soon as you know you are under investigation or have been charged. Early involvement allows counsel to protect your rights, prepare for upcoming court dates, and begin building a defense. Reaching out early can help avoid mistakes and provide clearer guidance during an uncertain time.
