Huntersville Breaking & Entering Lawyer

Huntersville Breaking & Entering Attorney

Breaking & entering charges can be confusing and frustrating accusations to deal with. If you are currently facing criminal allegations, a Huntersville breaking & entering lawyer can help you through this trying time. They can assist with each stage of your case, build your defense, and advocate for you both in and out of the courtroom.

About Us

Our founding attorney, Kevin Barnett, has over 35 years of legal experience, skills, and knowledge. He was voted as a Top 100 Trial Lawyer by The National Trial Lawyers and named an AV Preeminent attorney by Martindale-Hubbell.

Overview of Breaking & Entering Cases in North Carolina

Breaking & entering is a serious criminal charge in North Carolina. In fiscal year 2024-2025, there were 2,217 breaking & entering felony cases statewide, with 482 breaking & entering motor vehicle charges. In Mecklenburg County, there were 384 general breaking & entering cases and 83 breaking & entering incidents involving vehicles.

Breaking & entering is a property crime that occurs when someone wrongfully enters a building through the use of force. It is at minimum a Class 1 misdemeanor, with the potential for a Class H felony if the intent was to terrorize or injure an occupant, steal property, or commit a felony. Huntersville breaking & entering cases are processed through the Mecklenburg County Courthouse located at East 4th Street, Charlotte, NC 23202.

Penalties for Breaking & Entering in North Carolina

The penalties for breaking & entering in North Carolina vary depending on your criminal record and aggravating factors. A Class 1 misdemeanor breaking & entering conviction results in jail time of up to 120 days, and a fine at the court’s discretion.

Class H felony breaking and entering sentencing structure changes based on your criminal record. North Carolina uses a point system for prior felonies, with higher class level felonies resulting in more points. For instance, a Class H conviction adds two points to your system, whereas a Class BI conviction adds nine points. The minimum structure is 4-5 months in prison for a zero-point record, with 20-25 months imprisonment for 18+ points records.

Common Breaking & Entering Defenses

The strongest defense against a breaking & entering charge changes depending on the details of each case. A few common approaches used include:

• No felonious or violent intent. You could have broken and entered, but with no intent to steal, commit a felony, or cause any harm. This can be an important factor in whether your case is treated as a felony or misdemeanor.
• Denying any illegal entry. You may have entered a premises through an unlocked door or with a key, disqualifying the breaking and entering framework.
• Consensual entrance. You may have had the owner’s permission to enter, or with the consent of someone who shared the residence.
• Insufficient evidence. Some cases may be dismissed through a lack of strong evidence, or by suppressing evidence obtained through illegal search and seizure.
• Alibi. A strong defense against criminal accusations is having a clear alibi during any criminal activity.

Hire a Breaking & Entering Lawyer

It can be overwhelming and confusing to navigate a criminal charge on your own. While you may represent yourself, the potential for prison time and a lasting criminal record makes it recommended that you hire a breaking & entering lawyer. A few ways your Huntersville breaking & entering attorney can help include:

• Explain the punishments you face
• Choose a strong defense that matches your situation
• Examine the prosecution’s case for procedural errors or faulty arguments that can get the case dismissed
• Represent you in all court appearances
• Negotiate a plea deal that lowers the offense that appears on your record, avoids prison in favor of parole, shortens prison sentences, and reduces the event’s impact on your life

FAQs

Q: How Likely Is Prison for a Breaking & Entering Conviction in North Carolina?

A: The likelihood of a prison sentence for a breaking & entering conviction in North Carolina depends on the intent of the action, prior criminal record, and aggravating factors. A first-time offender with no intent to harm or steal is much less likely to go to prison for a conviction than someone who stole property during the event with multiple prior felonies. Your attorney can examine your case and determine how likely prison time is for your situation.

Q: Do You Need a Lawyer for a Breaking & Entering Charge in North Carolina?

A: You are not legally required to hire a lawyer for a breaking & entering charge in North Carolina. However, the serious nature of these charges can make it a worthwhile investment to seek experienced legal counsel. They can examine the case against you, highlight holes in the state’s case, build your defense, and represent you in all court proceedings. If a conviction seems certain, a skilled attorney can mitigate the impact of a guilty verdict on your life.

Q: What Is the Difference Between Trespassing and Breaking & Entering in North Carolina?

A: The difference between trespassing and breaking & entering in North Carolina is an important distinction to understand when facing either charge. Trespassing is a lesser offense that occurs when someone enters another person’s property without their expressed consent. Breaking & entering happens when someone unlawfully enters a building through the use of force, and can be a felony if there is an intent to commit a felony, to steal, or to harm or terrorize an occupant.

Q: How Long Do North Carolina Breaking & Entering Cases Take to Resolve?

A: How long your North Carolina breaking & entering case takes to resolve changes based on the severity of charges, complexity of the case, and the court’s workload. A Class 1 misdemeanor offense with mitigating factors and an early plea deal may take a handful of weeks or months. A Class H felony charge involving multiple parties that requires litigation could take months to years to finalize.

Speak With a Huntersville Breaking & Entering Lawyer Today

At The Law Office of Kevin L. Barnett, our team is dedicated to representing the people of Huntersville, Charlotte, Mecklenburg County, and communities throughout North Carolina in their breaking & entering cases.

Contact us today to book your initial consultation, during which we can learn your side of the story and explore different legal strategies for your case. You may also visit our Charlotte office, located on North McDowell Street in First Ward, northwest of American Legion Memorial Stadium and northwest of Mecklenburg County Courthouse and Marshall Park.