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Check out the latest posts from Cummings & Kennedy's Carteret County law blog.

Resisting Arrest

  • By James Cummings
  • Feb 23, 2017



Legal Ramifications of a BWI

  • By James Cummings
  • Jan 23, 2017



In our last blog post, we dove into the underlying factors that go into a breaking and entering charge. With how much this charge has developed over the years and the fact that it varies from state to state, there is a lot of confusion and clarity that can be brought up with these charges. At Cummings & Kennedy, we provide the town of Beaufort with the defense they need, in a variety of cases. And we always start off by breaking down what your charges are and what you can expect moving forward.

What Types of Punishment Come With Breaking & Entering

Felony or Misdemeanor 

Since these charges vary from state to state, the punishments that they come with also vary. In the state of North Carolina, punishment for breaking and entering charges is determined based upon the overall circumstances of the arrest. That means that the court will look over the evidence, the reports made and hear sides of the argument to determine what the actual charges are. Just as with any case, a court appearance can create a shift in the charges that are given. Based upon these factors, your case could be considered a felony or a misdemeanor.

Breaking & Entering Felonies 

Felonies are more serious cases and charges that will wind up with time in prison, rather than in jail. These cases are market on your Below are a few of the primary charges and what they are considered.

Class D Felony

A breaking and entering charge that is followed with burglary charges, or a burglary with explosives, are both considered to be class D felonies. These types of felonies are subject to time spent in prison. Charges of this degree are subject to being sentenced anywhere from 38 to 160 months in prison.

Class G Felony

When you break into a place of worship, this is considered a class G felony. Burglaries that are considered to be of the second degree are also considered class G felonies. Both of these crimes are punishable by 8 to 31 months spent in a prison.

Class H Felony

Charges that cover instances of breaking and entering a building or establishment where an individual had the prerogative of burglary or cause injury or terrorism, are considered a class H felony.

Misdemeanors for Breaking & Entering

The instances where breaking and entering is going to be considered a misdemeanor is when the case and the charges that were given are not an extremely serious case. If there was no action or burglary that followed the breaking and entering, judges will usually be less harsh on the sentencing. This is also the case for any cases that wind up being considered trespassing cases rather than breaking and entering.

With how complicated breaking and entering can be, you need the help of a professional to ensure that you're getting the best outcome possible. When you call Cummings and Kennedy Law, we will provide you with a thorough examination of your case and proceed by doing everything in our power to ensure that you receive the support that you need. Make sure to keep up with our blog so that you can learn more about the legal system and how our team of criminal defense attorneys can help you make the most of these cases.