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Criminal Defense
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Personal Injury
Raleigh Burglary Defense Lawyer
Serving Wake County & Beyond
250+ Reviews and counting
Burglary convictions in North Carolina carry mandatory prison time, especially if the crime involved a home or if anyone was present. Work with a Raleigh defense attorney who knows how to challenge intent, identification, and the prosecution’s case. Schedule your consultation today.
If you’ve been charged with burglary in North Carolina, you’re facing one of the most serious property crimes in our legal system. Burglary isn’t just treated as a property offense—it’s viewed as a violent crime that can result in decades in prison, permanent loss of rights, and a future permanently altered by a felony record.
At DeMent Askew Johnson & Marshall, our Raleigh burglary defense attorneys understand the severity of these charges and the devastating impact a conviction can bring. With decades of combined criminal defense experience, we provide aggressive, strategic defense when your freedom, reputation, and future are at stake.
Don’t wait another day. Your defense strategy needs to begin immediately.
North Carolina categorizes burglary and breaking and entering offenses based on several factors, including the type of structure, whether it was occupied, time of day, and intent behind the act.
Burglary in North Carolina follows common law definitions and is divided into two degrees:
First-Degree Burglary:
Penalty: Class D felony, punishable by 51-204 months (4.25-17 years) in prison
Second-Degree Burglary:
Penalty: Class G felony, punishable by 8-47 months in prison
This statute covers unlawful entry into buildings other than dwellings:
Felony Breaking or Entering:
Penalty: Class H felony, punishable by 5-39 months in prison
Breaking or Entering with Intent to Terrorize:
Penalty: Class H felony, punishable by 5-39 months in prison
Misdemeanor Breaking or Entering:
Penalty: Class 1 misdemeanor, punishable by up to 120 days in jail
Penalty: Class G felony, punishable by 8-47 months in prison
Penalty: Class I felony (basic offense) up to Class C felony (depending on value of items taken)
Penalty: Class I felony, punishable by 3-24 months in prison
Penalty: Class D felony, punishable by 51-204 months in prison
Beyond prison time, burglary and breaking and entering convictions carry devastating long-term consequences:
One mistake or misunderstanding could derail your entire future if not properly defended.
Burglary charges present unique challenges for prosecutors, creating opportunities for strong defense strategies. Our Raleigh burglary defense lawyers employ various defenses depending on the specifics of your case:
For most burglary and breaking/entering charges, prosecutors must prove you intended to commit a crime inside the structure. Without evidence of this intent, charges may be reduced or dismissed. Even if entry occurred, the absence of criminal intent can make a significant difference in the outcome.
Many burglary arrests result from misidentifications or circumstantial evidence. We thoroughly investigate all evidence, including:
If you had permission to enter the property, it’s not burglary. This defense is particularly relevant in cases involving:
Law enforcement must respect your constitutional rights during the investigation and arrest. We scrutinize:
North Carolina’s Castle Doctrine may provide a defense if you entered a property to protect yourself or others from harm. These statutes establish when force, including entry to a property, may be justified.
Burglary cases involve complex legal issues, forensic evidence, and severe potential consequences. Without proper representation, you face:
An experienced burglary defense attorney can make the difference between a dismissed case, reduced charges, or a devastating conviction.
When you choose our firm to defend against burglary charges, you benefit from:
Our criminal defense team is led by respected attorneys with extensive experience handling serious felony cases, including:
If you’ve been charged with burglary in Raleigh or anywhere in North Carolina, take these immediate steps:
The sooner we can begin building your defense, the more options we’ll have to fight the charges. Early intervention can sometimes lead to charges being reduced or dismissed before they permanently impact your record.
At DeMent Askew Johnson & Marshall, we understand what’s at stake when you’re facing burglary charges. Your freedom. Your reputation. Your future.
Our team of experienced criminal defense attorneys is ready to stand between you and the severe consequences of a burglary conviction.
The consultation is completely confidential.
Call us now or complete our online contact form to schedule your consultation. There’s a right way and a wrong way to handle burglary charges—let us help you protect everything that matters.
Serving clients in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.
Wake County
Carteret County
Durham County
Orange County
Chatham County
Johnston County (Smithfield courthouse only)
In North Carolina, burglary specifically refers to breaking and entering a dwelling house at night with intent to commit a felony inside. Breaking and entering covers a broader range of structures (commercial buildings, vehicles, etc.) and doesn’t require the nighttime element. Burglary is generally punished more severely than breaking and entering.
Yes. Burglary only requires the intent to commit a felony or larceny inside the structure—you don’t need to actually complete the intended crime. The mere act of breaking and entering with criminal intent is sufficient for a burglary charge.
No. While “breaking” is an element of burglary, North Carolina courts have held that even minimal force, such as pushing open an unlocked door or lifting an open window, can satisfy the breaking element.
Without the intent to commit a felony or larceny inside, you might face a misdemeanor breaking and entering charge rather than felony burglary or felony breaking and entering. This distinction is crucial and can be the difference between a misdemeanor and a serious felony.
Expungement possibilities are very limited for felony burglary convictions in North Carolina. This makes it all the more important to mount a strong defense from the beginning. In some cases, first-time offenders may be eligible for dismissal programs that can preserve their record, but these options must be pursued early in the case.
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