Burglary Charges Carry Serious Consequences in South Carolina
Burglary is one of South Carolina’s more serious property offenses. Depending on the degree charged, a conviction can expose someone to years in prison—and first-degree burglary can carry a life sentence.
Sharpe & Leventis, LLC represents people facing burglary charges in Columbia and surrounding South Carolina communities. We examine the entry, the alleged intent, the evidence, and every fact the State is relying on to support the degree charged.
What Is Burglary in South Carolina?
At its core, South Carolina burglary law generally involves
entering a building
or dwelling without consent
and with the intent to commit a crime inside. The exact degree depends on the type of property and whether additional aggravating circumstances are present.
Burglary Does Not Require Something to Be Stolen
The statute requires an intent to commit a crime inside. That crime does not necessarily have to be theft.
A person may therefore face a burglary allegation even when nothing was ultimately taken.
Burglary Does Not Necessarily Require Forced Entry
South Carolina defines entry without consent to include entering without permission from the person lawfully possessing the property. It can also include gaining consent through deception, trick, or misrepresentation.
That means the State does not necessarily need evidence of a broken window, damaged lock, or forced door.
First-, Second-, and Third-Degree Burglary in South Carolina
First-Degree Burglary
First-degree burglary generally involves entering a dwelling without consent with the intent to commit a crime inside, plus at least one qualifying aggravating circumstance. Those circumstances can include:
- Being armed with a deadly weapon or explosive
- Causing physical injury to someone who was not participating
- Using or threatening a dangerous instrument
- Displaying what is or appears to be certain weapons
- Having two or more prior burglary or housebreaking convictions
- Entry or remaining occurring at nighttime
First-degree burglary is a felony punishable by
life imprisonment. South Carolina law also permits the court, in its discretion, to impose a term of not less than
15 years instead.
Second-Degree Burglary
There are two different ways South Carolina defines second-degree burglary.
Second Degree — Dwelling
A person may be charged with second-degree burglary simply for
allegedly entering a dwelling without consent and with the intent to commit a crime inside, even without the aggravating circumstances required for first degree. This form carries up to
10 years in prison.
Second Degree — Building With Aggravating Circumstances
Second degree can also involve
entering a building without consent with criminal intent
when additional circumstances are present, such as a weapon, injury, qualifying prior burglary convictions, or nighttime entry. That form carries up to
15 years in prison.
Third-Degree Burglary
Third-degree burglary generally involves entering a building without consent with the intent to commit a crime inside, without the additional circumstances required for the higher degrees.
A first conviction carries up to
five years in prison. A second conviction can carry up to
10 years.
The Difference Between a “Dwelling” and a “Building” Matters
One of the most important distinctions in a South Carolina burglary case is what type of property the State says was entered.
Dwelling
A dwelling generally includes living quarters used or normally used for sleeping, living, or lodging. Because burglary involving a dwelling can support a more serious degree, how the property was being used can become important.
Building
Depending on how it is used, the definition can include structures as well as certain vehicles, watercraft, or aircraft where people live, assemble, conduct business, or store goods.
What Can Elevate a Burglary Charge?
Nighttime Entry
Nighttime entry can be an aggravating factor.
When a dwelling is involved, it can help elevate the allegation to first-degree burglary. When another qualifying building is involved, it can support second-degree burglary.
Weapons
Being armed, displaying what appears to be certain weapons, or using or threatening a dangerous instrument can increase the degree charged.
Physical Injury
An injury to someone who is not participating in the alleged crime can also become an aggravating factor.
Prior Burglary or Housebreaking Convictions
Two or more qualifying prior burglary or housebreaking convictions can affect the degree under South Carolina’s burglary statutes.
Are Burglary Charges Considered Violent Crimes in South Carolina?
Some are—but not every burglary charge receives the same statutory designation. Under South Carolina’s current violent-crime statute:
- First-degree burglary is classified as a violent crime.
- Second-degree burglary under §16-11-312(B)—the building-plus-aggravating-circumstances form—is classified as violent.
- Second-degree burglary under subsection (A)
and
third-degree burglary are
not
specifically included on the current statutory violent-crime list.
What Does the State Have to Prove in a Burglary Case?
The prosecution has to establish more than the fact that someone was present on another person’s property. Several questions may become central.
Was the Entry Without Consent?
Did the person have permission to enter?
Prior relationships, invitations, keys, living arrangements, work responsibilities, texts, and other communications may matter when consent is disputed.
Did the Person Intend to Commit a Crime Inside?
Intent is a fundamental part of burglary. The defense should examine what evidence the State claims proves that criminal intent existed when the person entered.
Nothing being stolen does not automatically defeat a burglary case—but the State still must prove the required intent.
Can the State Prove Identity?
Surveillance, witnesses, cellphone evidence, fingerprints, recovered property, vehicle information, or other evidence may be used to connect someone to the scene. Each piece should be examined for what it actually establishes.
Can the State Prove the Degree Charged?
A case involving a dwelling, nighttime, a weapon, injury, or prior convictions can carry much greater exposure. They can determine whether someone faces five years, 10 years, 15 years, or potentially life imprisonment.
How Sharpe & Leventis Approaches a Burglary Case
01
We Start With the Entry
We examine where the alleged entry occurred, who controlled the property, and what evidence exists regarding permission.
02
We Examine Intent
A burglary charge requires more than presence. We look closely at what the State says proves an intent to commit a crime inside.
03
We Test the Degree Charged
Was the property actually a dwelling? Did the alleged event occur at nighttime? Was a weapon present? Was anyone injured? Do the claimed prior convictions qualify?
04
We Review the Evidence Connecting You to the Scene
Video, witnesses, digital records, property, forensic evidence, and statements should be evaluated together rather than simply accepted because they appear in a police report.
05
We Look at How Evidence Was Obtained
Search warrants, vehicle searches, cellphone evidence, statements, and seized property may raise separate legal issues.
06
We Prepare for the Stakes of the Charge
Burglary is a felony at every degree under South Carolina’s current statutes. A defense should reflect that seriousness from the beginning.
Frequently Asked Questions
Do you have to steal something to be charged with burglary in South Carolina?
No. South Carolina burglary law focuses on entering a building or dwelling without consent with the intent to commit a crime inside. The alleged crime does not have to be completed for a burglary charge to arise.
Does burglary require breaking a door or window?
No. The statute focuses on entry without consent. South Carolina also defines entry without consent to include certain situations where permission was obtained through deception, trick, or misrepresentation.
What is the difference between first-, second-, and third-degree burglary?
The degree depends largely on whether the property is a dwelling or another qualifying building and whether aggravating circumstances such as nighttime entry, weapons, injury, or qualifying prior burglary convictions are present.
Is first-degree burglary punishable by life in South Carolina?
Yes. Current South Carolina law makes first-degree burglary punishable by life imprisonment, although the court has discretion to impose a term of at least 15 years instead.
Is every burglary considered a violent crime?
No. South Carolina’s statutory violent-crime list specifically includes first-degree burglary and second-degree burglary under §16-11-312(B). Not every burglary subsection is included.
Contact Our Columbia Law Firm for a Free Consultation Today.
Burglary cases can rise or fall on consent, intent, and the facts used to elevate the charge.
Sharpe & Leventis, LLC puts each of those pieces under scrutiny.