What to Know if You’re Charged with Burglary in North Carolina

Burglary generally involves unlawfully entering a dwelling or building where people live, with the intention of committing a felony or theft inside. North Carolina law (such as N.C. Gen. Stat. §14-51, §14-54, and related provisions) sets forth criteria distinguishing first-degree burglary (occupied dwelling, usually at night) from second-degree burglary, which may involve an unoccupied residence or different circumstances.


After indictment, the prosecution must show you entered the property without consent and intended to commit another crime once inside. Intent can be inferred from circumstances—like carrying burglary tools, the time of entry, or your actions before and after the alleged break-in. Witness testimony, security footage, and physical evidence (such as footprints or stolen property) can all play a role.

Trespass involves entering property without permission but without the intent to commit another crime. Breaking and entering might occur in non-residential structures or lack the felonious intent required for burglary. Burglary specifically targets dwellings and requires intent to commit a crime inside, making it more severe.


A first-degree burglary conviction can lead to substantial prison time, depending on your criminal record and aggravating factors. Second-degree burglary also carries the potential for significant prison terms, though generally less than first-degree. Fines, probation, and restitution may also apply, but imprisonment remains a potential penalty in serious cases as set forth within the North Carolina Felony Punishment Chart.

Yes. North Carolina’s structured sentencing laws consider your prior criminal record. Repeat offenders can face harsher penalties. First degree burglary in North Carolina is a Class D felony. The presumptive sentence for a Class D felony for a Prior Record Level I offender is an active term of imprisonment of 51 to 74 months in the Department of Adult Corrections (DAC). That’s true for even a first-time offender. The sentence can be more harsh if the circumstances are especially serious—like if occupants were threatened or harmed.


If you genuinely believed you were entering your own home or had permission to be there, you might challenge the prosecution’s version of events. Mistaken identity defenses argue that someone else committed the burglary and you were wrongly accused. Other defenses might include alibi evidence or challenging the legality of how evidence was obtained.


Forensic evidence can strengthen the prosecution’s case but is not always necessary for a conviction. Even without direct forensic links, circumstantial evidence can sway a jury. On the other hand, challenging forensic methods or demonstrating that DNA or fingerprints were present for an innocent reason could be part of a vigorous defense strategy.


You are not required to testify. The decision depends on your defense strategy and the advice of legal counsel. Testifying might humanize you, but it also opens you up to cross-examination. Your lawyer can help determine whether taking the stand is advisable based on the case’s strengths and weaknesses. The state carries the Burden of Proof for criminal charges in North Carolina.


Plea negotiations do occur in burglary cases, especially if the prosecution’s evidence is not ironclad. Accepting a plea might reduce charges or sentencing exposure. For example, agreeing to plead guilty to a lesser offense might result in a shorter prison term or alternative sanctions. Weighing the pros and cons of a plea deal is part of what criminal defense lawyers do to help clients.

Investigations, evidence gathering, witness interviews, and pretrial motions can all contribute to the timeline. Some cases resolve within a few months if a plea deal is reached early. Others stretch out over a year or more, particularly if you go to trial. Patience and thorough preparation often improve your chances of a positive outcome.


Start by documenting everything you remember about the incident. Identify possible witnesses who can confirm your whereabouts. Preserve any texts, emails, or other evidence that may support your defense. Above all, consult with an experienced lawyer who handles felony cases in Raleigh to help ensure you understand your options and rights. John Fanney has been helping clients with criminal charges in Wake County for more than thirty years. You may reach John by calling 919-617-7009.