Attorneys at Law, PC
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Copyright 2011, Noble & Quinn, Attorneys at Law, P.C.
Breaking, Entering and Larceny
Attorney Reed N. Noble has successfully handled
breaking, entering and larceny cases since 1982.

Under North Carolina law, breaking or entering can
be either a felony or a misdemeanor depending on
the facts and circumstances of the case. This is the statute:

§ 14-54. Breaking or entering buildings generally.

(a) Any person who breaks or enters any building
with intent to commit any felony or larceny therein shall be punished as a Class H felon.

(b) Any person who wrongfully breaks or enters
any building is guilty of a Class 1 misdemeanor.

(c) As used in this section, "building" shall be
construed to include any dwelling, dwelling house,
uninhabited house, building under construction, building within the curtilage of a dwelling house, and any other structure designed to house or secure within it any activity or property.

North Carolina has determined that participating in
a larceny is a felony irrespective of the value of
the property taken. North Carolina has several
specific statutes dealing with particular types of
larceny, some of which have punishments different
from this general rule.

§ 14-70. Distinctions between grand and petit larceny
abolished; punishment; accessories to larceny.

All distinctions between petit and grand larceny
are abolished. Unless otherwise provided by statute,
larceny is a Class H felony and is subject to the
same rules of criminal procedure and principles
of law as to accessories before and after the fact as
other felonies.

A client facing breaking, entering or larceny
charges may have defense options which an
experienced attorney can explore for him. Some of
these options include:

(a) Plea bargaining felony charges to lesser included
misdemeanor offenses;

(b) Negotiating a "Deferred Prosecution" outcome
in which a Defendant successfully completing
a probationary period, receives a dismissal of the
underlying charges;

(c) Trial of the case on its merits.

Burglary
Attorney Reed N. Noble has successfully handled
burglary cases since 1982.

§ 14-51. First and second degree burglary.

There shall be two degrees in the crime of burglary as defined at the common law. If the crime be committed in a dwelling house, or in a room used as a sleeping apartment in any building, and any person is in the actual occupation of any part of said dwelling house or sleeping apartment at the time of the commission of such crime, it shall be burglary in the first degree. If such crime be committed in a dwelling house or sleeping apartment not actually occupied by anyone at the time of the commission of the crime, or if it be committed in any house within the curtilage of a dwelling house or in any building not a dwelling house, but in which is a room used as a sleeping apartment and not actually occupied as such at the time of the commission of the crime, it shall be burglary in the second degree. For the purposes of defining the crime of burglary, larceny shall be deemed a felony without regard to the value of the property in question.

Under North Carolina law, burglary the punishment
For burglary can be vastly different depending on the
circumstances of the case.

§ 14-52. Punishment for burglary.

Burglary in the first degree shall be punishable as a Class D felony, and burglary in the second degree shall be punishable as a Class G felony.

A client facing burglary charges may have defense
options which an experienced attorney can explore
for him. Some of these options include:

(a) Plea bargaining felony charges to lesser included
misdemeanor offenses;

(b) Negotiating a "Deferred Prosecution" outcome
in which a Defendant successfully completing
a probationary period, receives a dismissal of the
underlying charges;

(c) Trial of the case on its merits.

All consultations to discuss the possibility to expunge
your criminal record are free and without any obligation
whatsoever.