Defending Burglary Charges in Greenville
Burglary charges are a serious property crime in South Carolina. Because the stakes are high, bringing your strongest defense is paramount. Consulting with one of our experienced Greenville criminal defense attorneys at Ryan Beasley Law is an important early step on the path forward toward a solid defense.
The Charge of Burglary in Greenville
The crime of burglary in South Carolina involves entering a building unlawfully and with the intention of committing a crime, which is often theft. This criminal charge breaks down into three basic categories.
Third-Degree Burglary
At the lower end of the range (but still very serious) is the charge of third-degree burglary. This charge applies when there are no aggravating factors, such as having a weapon or causing harm, and the building involved is not residential.
Second-Degree Burglary
The charge of second-degree burglary applies to entering a dwelling when no aggravating factors apply.
First-Degree Burglary
First-degree burglary is the most serious charge, and it requires entering a dwelling, such as someone’s home, at night. This charge also applies when a deadly weapon is involved, or the accused causes someone else to suffer physical harm in the course of burgling the building, whether it’s a dwelling or not.
All burglary charges in South Carolina are felonies, which means that convictions carry serious fines and prison time.
Common Defense Strategies
The burglary case against you will be unique to the circumstances involved. There are, however, several primary defense strategies that often apply to cases like yours.
Lack of Intent
For the charge of burglary to stick, the prosecution is called upon to prove that you had criminal intent, which can be a tall order. Any evidence that speaks to the absence of intent can strengthen your defense.
Mistaken Identity
Many burglary cases hinge on the evidence used to identify the perpetrator, which often means eyewitness testimony or footage from security cameras. Both forms of evidence have been proven unreliable across many cases, which can work in your favor.
Alibi
If you can prove that you were not in the location in question at the time of the burglary, your alibi will make it very difficult, if not impossible, to convict you.
Unlawful Search and Seizure
Law enforcement officials are held to strict requirements when it comes to investigating all crimes, including burglary. A prime example is the Fourth Amendment restrictions that guide the search and seizure of evidence. When the authorities push the boundaries of evidence collection, it can derail the criminal case and work in favor of the accused.
Reach Out to an Experienced Greenville Criminal Defense Lawyer Today
Our knowledgeable Greenville criminal defense attorneys at Ryan Beasley Law will spare no effort in our quest to build a strong defense on your behalf. The outcome of the case against you is important to your future, so please don’t wait to contact us online or give our firm a call at 864-756-4204 for more information about what we can do to help you today.