What is the Difference Between Burglary and Robbery in South Carolina?
Although burglary is often associated with theft, it is not necessary to commit such a crime. Burglary is defined as unlawfully entering a structure with the intent to commit an offense.
Types of Burglary Charges
Burglary is classified into the following three categories:
First-degree burglary – Unlawfully entering a home or residence (known as a “dwelling”) with the intent to commit a crime therein; and either another person suffered an injury, you displayed or threatened to use a deadly weapon, you had two or more previous burglary convictions, or committed the offense at night. First-degree burglary is a felony punishable by a maximum sentence of life in prison.
Second-degree burglary – There are two sub-categories of second-degree burglary: nonviolent and violent. A nonviolent second-degree burglary occurs when you unlawfully enter a dwelling in order to commit a crime therein without the use or threat of a deadly weapon and the offense happens during the day. In contrast, a violent second-degree burglary occurs if you unlawfully enter a non-residential building in order to commit a crime inside and either another person suffers physical injury, you used or threatened to use a weapon, you had two or more previous burglary convictions, or the offense occurs during the night. A nonviolent second-degree burglary conviction is a felony that carries a maximum prison term of 10 years, while a violent second-degree burglary conviction is also a felony but carries a prison sentence of up to 15 years.
Third-degree burglary – Unlawfully entering a building with the intent to commit an offense inside and none of the enhancing conditions in first- and second-degree burglary are present. A third-degree burglary conviction is a felony that is punishable by a maximum prison term of five years.
Types of Robbery Charges
On the other hand, there are two types of robbery: strong-arm and armed robbery. The former means robbery without a weapon, while the latter includes the use of a weapon.
Strong-arm robbery involves using bodily force or intimidation to steal another person’s property. This type of robbery is a felony that carries a prison sentence of up to 15 years.
Armed robbery – in contrast – involves using force or intimidation to steal someone else’s property, while armed or claiming to be armed with a deadly weapon. This type of robbery is also a felony that is punishable by a maximum prison term of 30 years.
If you or a loved one has been accused of burglary or robbery in Lexington, contact the Law Office of James R. Snell, Jr., LLC today at (803) 359-3301 for a free initial consultation. Helping clients facing a wide range of criminal matters since 2004.