Is Entering a Car or Garage Considered Burglary?
Burglary is a serious criminal offense. In South Carolina, you could be charged with burglary if you enter a car or a garage without authorization. The state defines burglary as entering a building without consent and with the intent to commit a crime. Within this article, our Columbia criminal defense attorney explains the key things to know about burglary charges for entering a car or a garage in South Carolina.
An Overview of South Carolina’s Burglary Statute
Burglary is a crime. Under South Carolina law (South Carolina Code Section 16-11-312), the crime of burglary is divided into three different categories:
- First-Degree Burglary: It involves unlawfully entering a dwelling at night or with a deadly weapon or when someone is present. It is classified as a violent felony offense.
- Second-Degree Burglary: The charge covers dwelling entries under less serious circumstances or non-dwelling entries with aggravating elements.
- Third-Degree Burglary: The lowest degree of burglary, this charge typically involves unlawful entry into a building without aggravating factors.
Burglary Charges Can Be Filed Against a Person Who Entered a Car or a Garage
In South Carolina, breaking into a car and/or breaking into a garage may potentially be classified as a burglary offense. The answer will depend on the specific circumstances of the case. Here is an overview of the key points to know:
- Breaking into a Car: Under South Carolina Code § 16-13-160, it is unlawful to break or attempt to break into a motor vehicle with the intent to steal the vehicle or any item of value from it. It is an offense that is classified as a felony.
- Breaking into a Garage: Garages are treated as “buildings” under South Carolina’s burglary statutes. If someone unlawfully enters a garage with the intent to commit a crime inside, it can be classified as burglary. The degree of burglary depends on specific factors of the case.
The severity of the charge is always case-by-case. Aggravating factors such as being armed, causing injury, or having prior convictions can elevate the degree of burglary and increase the penalties.
You Have the Right to Defend Yourself Against a Burglary Charge
Burglary cases are complicated. It is normal to feel stressed out and overwhelmed if you are facing any degree of a burglary charge. With that being said, you are not guilty of the crime simply because you have been arrested and charged. You have the right to defend yourself against a burglary offense. Our Columbia criminal defense attorney can investigate the allegations, review the evidence, and help you develop the most effective defense strategy for your specific case.
Contact Our Columbia, SC Burglary Defense Lawyer Today
At the Law Office of Jonathan M. Harvey, our South Carolina criminal defense attorney is a tireless advocate for justice. If you or your loved one was arrested for burglary for entering a car or a garage, we can help. Contact us today for a fully confidential initial consultation. With an office in Columbia, we defend burglary charges throughout the wider region in South Carolina.