Wilmington Burglary Lawyer

Wilmington, NC Burglary Attorney

Being charged with a burglary is extremely serious, as the possible outcomes could mean a felony conviction or time spent in prison. However, every allegation will not lead to a conviction. Sometimes, people are accused based on circumstantial evidence, a mistaken identity, or simply being in the wrong place at the wrong time. To secure a strong defense, it can be crucial to hire a Wilmington burglary lawyer to fight your charges.

At The Shotwell Law Group PLLC, we understand how overwhelming it can feel to be accused of burglary. Without a formal background in criminal defense, it might seem like you have no options and will be forced to deal with consequences you might not agree with. However, we can take a deep look into what you are being accused of. Then, we can develop a legal strategy to raise doubts about the allegations and protect your rights in the process.

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Understanding How Burglary Charges Work in North Carolina

Burglary in Wilmington is defined as unlawfully entering a building with the intent of committing a crime once inside. In most cases, this is to steal something, but that is not always the reason. However, many people are surprised to learn how broad this definition can be and how easily someone can be charged without even trying to steal something.

• Intent matters. Prosecutors will often try to rely on proving that you intended to commit a crime once inside. This can be based on circumstantial evidence, like if you entered at a suspicious time of night.
• You don’t have to actually break in. Simply walking through an unlocked door could lead to a burglary charge if the individual inside the home and police agree that you did so with criminal intent.
• No stolen items needed. Even if there was nothing taken from the property, you could still face burglary charges.
• Declining crime rate. While it’s true that burglary offenses crime rate in North Carolina dropped by 4.3% in 2023, it doesn’t take away from the possibility of those accused still facing serious penalties. This is why it’s still extremely important to put forth a strong defense, even in a lower-crime climate.

Why You Shouldn’t Assume Your Case Will Be Dismissed

Many suspects may incorrectly assume that they can easily talk their way out of being charged. However, this is a dangerous assumption to make, and it could cost you your future if you don’t take your allegations seriously.

For instance:

• Prosecutors still pursue charges aggressively. Even with these declining numbers, which we should all be grateful for, prosecutors still view active burglary allegations as a threat to public safety. As such, they will push for the harshest penalties the evidence allows.
• Cases aren’t always dismissed due to a lack of evidence. While the Wilmington Police Department may inactivate cases that don’t have any solid leads, some will still be pursued, even with thin or circumstantial evidence. This can be addressed by your defense attorney.
• Pattern-based arrests. Sometimes, people are linked to a series of break-ins simply because of where they are located or by other associations. This lack of direct evidence can be highlighted by your lawyer.

Don’t wait to get legal representation. The sooner your lawyer is called, the more opportunity they have to push back on weak evidence and try to get the charges either reduced or dropped.

What an Experienced Defense Attorney Looks For

A seasoned defense lawyer will ask several questions to obtain a full understanding of the case:

• Was there clear intent? Just being present at the scene is not enough for a conviction.
• What evidence does the prosecution have? A lack of eyewitnesses and surveillance footage can help a defense lawyer question the quality of the allegation.
• Are you being linked to a pattern? Sometimes, law enforcement links similar incidents together, which can be unfair. We can examine how reliable this correlation is.

FAQs

Q: What Is the Sentence for Burglary in North Carolina?

A: A sentence for burglary will vary widely based on different factors, such as if:

• The building was occupied.
• A weapon was involved.
• The defendant already has a criminal history.

Some cases will require mandatory prison time, especially if there were aggravating circumstances involved. Even first-time offenders could be charged with a felony, which is why it’s extremely important to secure quality legal defense as soon as you can.

Q: What Is the Lowest Sentence for Burglary?

A: In cases where there are no apparent aggravating factors, like using a weapon or causing injuries, the sentence could involve less jail time or even an alternative punishment, like probation. However, that will depend heavily on the specifics of the case and if the court also views the offense as low risk. Judges might also consider other mitigating factors, such as how old the defendant is and their willingness to make restitution.

Q: How Do I Drop a Burglary Charge?

A: Once the charges have been filed, only the prosecutor has the authority to dismiss them. Many people think the person who made the claim also has this power, but that is not true. Even if the alleged victim wanted to do so, the state still has the right to pursue the case based on the evidence they have collected. If this happens, it’s up to your defense attorney to present new evidence and challenge the prosecution’s inconsistencies to win your case.

Q: Can I Be Arrested for Burglary If I Was With Someone Else Who Committed It?

A: Yes, it is still possible to be charged with burglary, even if you were not the individual who personally broke in and took something. Sometimes, just being associated with what happened would lead to what is called an “accomplice” or “aiding and abetting” charge. A prosecutor might try to suggest that you helped plan and carry out the crime, which then puts the responsibility on your defense lawyer to suggest otherwise.

Contact The Shotwell Law Group PLLC Today

If you are facing burglary charges, don’t wait any longer to protect your rights and future. Contact us today. We would be happy to learn more about the allegations and see how we can work together to defend you.