Armed Robbery and Burglary Criminal Offenses

Burglary and Robbery are serious offenses that can carry significant jail time if convicted. In South Carolina, these charges are considered violent crimes and should be treated very seriously.  The earlier a person charged with one of these crimes can begin preparing a defense with an experienced attorney, the better.

Robbery vs. Burglary

The general public sometimes uses the terms robbery and burglary interchangeably; however, there are significant differences between the two crimes. 

Robbery is the taking of personal property, in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.  Burglary, on the other hand, is the breaking and entering the house of another at night, with the intent to commit a felony therein, whether the felony be actually committed or not.

Penalties For Robbery:

• Common Law Robbery
  • Felony:  up to 15 years in prison
• Attempted Armed Robbery
  • (Deadly weapon present at time of attempted robbery)
  • Felony: up to 20 years in prison
• Armed Robbery
  • (Deadly weapon present at time of robbery)
  • Felony: 10 – 30 years in prison

Penalties for Burglary:

• First degree burglary
  • Occurs upon the unlawful entry of another into a “dwelling” (a personal residence or home) with the intent to commit a crime and defendant was either armed, caused physical harm to the victim, displayed a weapon during the commission of the burglary, has two or more prior burglary convictions or the crime occurred during the nighttime.
  • Felony: 15 years to life imprisonment
• Second degree burglary
  • Second degree burglary has the same elements as first degree burglary except for the added element that the offense occurs upon the unlawful entry into a building (business or residence).
  • Felony: up to 15 years in prison, eligible for parole after 1/3 of the sentence served
• Third degree burglary
  • Occurs upon the unlawful entry of another into a building (business or residence) with the intent to commit a crime
  • Felony
    • First offense: up to 5 years in prison
    • Second offense: up to 10  years in prison

Home Invasion Defined

Home invasion is a popular term used in the media today to define a crime in which a person knowingly enters the home of another, without authority, when they are aware that the home is occupied upon entrance and intentionally causes a crime within the home. In other words, a home invasion can be legally categorized as a First-Degree Burglary in the state of South Carolina.

Call For a FREE Criminal Defense Consultation

Our law firm is familiar with the sentencing ranges for all theft crimes, including burglary and robbery. We will do everything possible to protect your rights throughout the legal process and seek the outcome that has the least negative impact on your life. If you have been charged with any of the above-mentioned crimes in South Carolina, you should have a South Carolina defense attorney on your side to ensure that your rights are protected. Give us a call today for a free consultation.