If you or a loved one are facing burglary charges, the difference between 2nd degree burglary and 3rd degree burglary is critical. Both are serious felonies in South Carolina, but they carry vastly different penalties and potential prison sentences. Understanding your specific charge is the first step toward mounting a strong criminal defense.
As an experienced Myrtle Beach attorney in Horry County, Melinda Knowles is dedicated to analyzing the details of your arrest and fighting to reduce or dismiss the charges.
Burglary Defined Under SC Law
In general, burglary involves unlawfully entering a building or dwelling with the intent to commit a crime inside. The degree of the crime depends on three main factors:
- What kind of building was entered (a home vs. a business)?
- Was the crime committed at night?
- Were aggravating factors present (e.g., weapon or injury)?
3rd Degree Burglary: A Lower-Level Felony
3rd Degree Burglary is the least severe form of the crime, but it is still a serious felony that requires dedicated criminal defense.
What Constitutes 3rd Degree Burglary?
This charge generally applies to unlawfully entering a building other than a dwelling (such as a store, shed, or warehouse) with the intent to commit a crime, OR unlawfully entering a dwelling without aggravating factors.
SC Penalties for 3rd Degree Burglary
- Charge Type: Felony
- Minimum Sentence: None
- Maximum Sentence: Up to 5 years in prison.
While the penalties are less severe than 2nd degree, a conviction still results in a permanent felony record, significantly impacting your life.
2nd Degree Burglary: A Much More Serious Charge
2nd Degree Burglary carries much tougher penalties and is often pursued aggressively by prosecutors in Horry County.
What Constitutes 2nd Degree Burglary?
This charge is typically filed when the crime involves:
- Unlawfully entering a dwelling (a home) at nighttime.
- OR unlawfully entering any building during the daytime with an aggravating factor (e.g., having a deadly weapon, or causing injury).
The factor of entering a dwelling or having a weapon is what elevates this from 3rd to 2nd Degree.
SC Penalties for 2nd Degree Burglary
- Charge Type: Felony (Violent Crime in some cases)
- Minimum Sentence: None
- Maximum Sentence: Up to 15 years in prison.
Building Your Defense Against Burglary Felonies
When you are facing 2nd degree burglary or 3rd degree burglary charges, the defense strategy focuses on challenging the prosecutor’s ability to prove every element of the crime.
A local Myrtle Beach defense lawyer will examine:
- Intent: Can the prosecution prove you intended to commit a crime inside the structure?
- Entry Classification: Was the structure legally a “dwelling” or a lesser “building”?
- Nighttime vs. Daytime: For dwelling entries, disputing the time of the arrest can reduce the charge.
If you are facing a burglary arrest in the Myrtle Beach area, the difference between the 2nd and 3rd degree can mean a decade of your freedom.
Protect Your Future from a Felony Conviction
Do not let a serious burglary charge destroy your future. If you have been arrested in Horry County for 2nd degree burglary or 3rd degree burglary, immediate legal intervention is critical.
Contact Melinda Knowles Law today for aggressive criminal defense representation in the Myrtle Beach area.