Beating Charges for Breaking and Entering a Motor Vehicle in North Carolina

Breaking or entering a vehicle is not just a simple act; it is a type of property crime as discussed in North Carolina Criminal Law 14-56. According to the statute, breaking into a vehicle without permission and intending to commit a crime or larceny is considered breaking or entering a motor vehicle. This crime, commonly called “ breaking and entering,” “B&E,” or “B&E of a vehicle,” carries significant legal weight and should not be taken lightly.

This crime can be prosecuted as a felony or misdemeanor under North Carolina law and carries serious repercussions. If you have been charged with any type of burglary, even if it is your first offense, you could be given a felony conviction. If you are convicted of a felony, you will have a permanent criminal record, and it may be difficult for you to find employment or housing and pursue your educational goals.

When facing charges of breaking and entering, the best way to protect your future is to act swiftly and contact an experienced attorney. They can help you fight for your rights by aggressively pursuing a dismissal of the charges against you or a reduction in their severity. Time is of the essence, so do not delay in seeking legal representation.

Breaking into a car to steal something in the car or commit a crime, such as stealing the car itself, is a serious crime in North Carolina. As with any crime, prosecutors must prove every element beyond a reasonable doubt. Specifically, they need to show that the defendant is guilty of breaking or entering into a motor vehicle:

• the defendant committed an entry or break-in of the vehicle
• the motor vehicle was a target of the break-in or entry
• the vehicle contains something valuable
• the owner did not authorize the definitive to engage in breaking and entering
• the defendant planned to conduct a theft at the time they engaged in breaking and entering

In North Carolina and many other states, possessing equipment used to force insurance into a car is considered a crime. Specifically, carrying an instrument used to break into buildings without a valid purpose, such as a lock pick, key, or other instrument, is a crime. Possessing a car master key or another instrument to pick auto locks or hot-wiring vehicles and steal them is similarly illegal.

In North Carolina, breaking or entering into a motor vehicle is considered a Class I felony charge. If you are convicted of this crime, you will face three months to one year in jail. The sentence will depend on any prior offenses or mitigating or aggravating factors. If you do not have any previous offenses, your attorney can argue that you should be sent to community service. You may be sentenced to active prison time if you have a prior criminal conviction on your record.

If you are convicted of a felony for breaking into a vehicle, you could also suffer collateral punishments. For example, you may be required to pay restitution if you caused another person's property to suffer damage. If you broke a window to try to enter a vehicle or damage the vehicle in any way while trying to enter it, you will probably have to pay the victim restitution. You could be required to abide by electronic GPS tracking, house arrest, community service, probation, and fines.

Getting and keeping a job can also be difficult if you have been convicted of breaking and entering. If you want to further your educational goals, you could face difficulties with college applications and pursuing financial aid. The ripple effects of a felony conviction can be far-reaching and long-lasting.

Colleges may deny you because you have a felony conviction on your record, or you may not be able to get a loan to attend school. Similarly, you may not be able to rent an apartment or obtain a loan to purchase your property. You'll also lose the right to owner possess a firearm if you are convicted of felony breaking and entering of a vehicle.

Breaking and entering into a vehicle is a serious felony charge in North Carolina and requires the help of an experienced attorney. If you have been charged, do not hesitate to contact Arnold & Smith, PLLC, to schedule a complimentary, no-obligation case evaluation.