First Degree Burglary
North Carolina State Criminal Offense
First Degree Burglary is a very serious criminal offense under North Carolina law. Although First Degree Burglary may also constitute a federal crime under certain circumstances, this page discusses the offense as it exists under North Carolina State law.
First Degree Burglary in North Carolina is defined in the law as a breaking and entering in the nighttime of another person’s occupied dwelling house or room used as a sleeping apartment without that person’s consent, and with the intent to commit a felony therein. The felony intended to be committed inside of the dwelling house or apartment may be shown by the surrounding facts and circumstances of each particular case.
It is important to note here that most prosecutors view the crime of First Degree Burglary as a violent crime. It is, in fact, commonly referred to as a “home invasion” and deadly force may be authorized by the homeowner or tenant to prevent this crime from occurring due to the inherent dangerousness of the crime. For that reason, many prosecutors (from my own personal experience as a prosecutor) are unwilling to negotiate this offense to a lesser offense. This is important to remember as the case progresses because there is a high likelihood that this type of case will either be tried by a jury or will shift to one of attempting to obtain the lightest sentence possible if the evidence against the defendant is overwhelming.
For a defendant to be found guilty of this offense, the State must prove five things beyond a reasonable doubt. These things are called “elements” of the crime and must both be proven by the State at the trial of the case beyond a reasonable doubt. The elements of this crime are:
1. First, that the defendant broke and entered a dwelling house or sleeping apartment.
2. Second, that the breaking and entering was during the nighttime.
3. Third, that at the time of the breaking and entering the dwelling house or sleeping apartment was occupied.
4. Fourth, that the owner or tenant did not consent to the breaking and entering.
5. And fifth, that at the time of the breaking and entering the defendant intended to commit a felony (the felony must be named and defined for the jury) within the dwelling house or sleeping apartment.
At trial, if the jury finds from the evidence beyond a reasonable doubt that on or about the alleged date, the defendant broke into and entered an occupied dwelling house or sleeping apartment without the owner’s or tenant’s consent, during the nighttime, and at that time intended to commit a felony therein, then it would be the duty of the jury to return a verdict of guilty. If the jury does not so find or has reasonable doubt as to one or both of these things, then it would be the jury’s duty to return a verdict of not guilty.
If you have been charged with First Degree Burglary in North Carolina, then you need experienced legal representation to defend you in court. First Degree Burglary in North Carolina is punished as a Class D Felony and upon conviction carries a maximum of 207 months (or 17.25 years) in State Prison.
You need a lawyer who has extensive experience handling First Degree Burglary cases, both before trial in plea negotiations and, if a satisfactory result cannot be reached, in a trial by jury. Attorney Garland Byers is a former police officer, former Assistant District Attorney, and has been a trial lawyer for over 23 years. He has successfully investigated, prosecuted, and defended all kinds of cases, including numerous First Degree Burglary cases, in North Carolina Superior Court.
One thing you need to know: you have options. There are very effective defenses to this charge. Each case is, of course, different and the facts of your case are totally unique. Regardless, there are things that can be done to maximize your chances of obtaining a favorable result. But these things must be done early on in your case in order to put your case on the best possible footing. Time is always critically important in legal matters, and there are time limits in criminal cases which run from the time a defendant is charged until they expire.
Given the seriousness of this offense, these cases typically involve intensive criminal investigations, sometimes by multiple law enforcement agencies and sometimes across multiple jurisdictions, and are likely to generate extensive and voluminous reports and other evidence, all of which must be reviewed and evaluated in order to properly defend and advise you.
Whether you want to plead guilty to a lesser offense, to take the case to trial, or you aren’t sure what to do, you should retain an experienced criminal defense lawyer to advise you immediately. Please give the law office of Garland Byers a call today and have a consultation about your specific case. If you are a friend or family member reading this because your loved one is in jail, you can make the call on your friend or family member’s behalf to begin the process of turning the ship around.
Any lawyer with a valid law license can represent you. The challenge is to find the right lawyer with the right skills and the right experience for your specific case. Give us a call and let’s see if we are a good fit to guide you through these dangerous legal times. The choice of a lawyer is of critical importance. Make the right one.
Call the Byers Law Office today: (704) 669-5419.
Rev. 9/30/23
This is the jury box, where 12 people make life-altering decisions. This is your POV when your freedom is at stake, when you seek a monetary recovery for injuries or damages that you or a loved one have received, or you wish to correct an injustice. When this is your view, and circumstances have brought you to this unforgiving place, experience counts.
Updated: Oct 4, 2023
Trafficking in opium or heroin can mean prison terms of 70, 90, or 225 months in North Carolina. But you have options - the most critical being choosing the best lawyer with the right skills and experience to defend you.
Trafficking in Opium or Heroin by Possession
North Carolina State Criminal Offense
Drug trafficking is the most serious drug offense under North Carolina law. Drug trafficking is also a federal crime, but this page discusses the offense as it exists under State law. Possession of any controlled substance (“drug”) under North Carolina law may become a drug trafficking offense if an excessive amount is possessed.
Trafficking in Opium or Heroin is a felony crime under North Carolina General Statute § 90-95(h)(4). Trafficking is the unlawful sale, manufacture, delivery, transportation, or possession of opium or heroin in an amount that triggers the application of the trafficking statute. The punishment for Trafficking in Opium or Heroin in North Carolina depends upon the amount possessed by the defendant. If the quantity of such controlled substance or mixture involved:
Is four grams or more but less than 14 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 93 months in the State’s prison and shall be fined not less than fifty thousand dollars ($50,000.00);
Is 14 grams or more, but less than 28 grams, such person shall be punished as a Class E felon and shall be sentenced to a minimum term of 90 months and a maximum term of 120 months in the State’s prison and shall be fined not less than one hundred thousand dollars ($100,000.00);
Is 28 grams or more, such person shall be punished as a Class C felon and shall be sentenced to a minimum term of 225 months and a maximum term of 282 months in the State’s prison and shall be fined not less than five hundred thousand dollars ($500,000.00).
For a defendant to be found guilty of this offense, the State must prove two things beyond a reasonable doubt. These things are called “elements” of the crime and must both be proven by the State at the trial of the case beyond a reasonable doubt. The elements of this crime are:
(1) First, that the defendant knowingly possessed opium or heroin. A person possesses opium or heroin if the person is aware of its presence and has (either by oneself or together with others) both the power and intent to control the disposition or use of that substance.
(2) And second, that the amount of opium or heroin which the defendant possessed was an amount that is covered by the trafficking statute as stated above. The State typically offers proof of this by the testimony of an employee of the State Crime Laboratory who examined the substance and found it to be opium or heroin in accordance with proper scientific testing and the introduction of the laboratory report into evidence at trial.
As to the second element, the State is not required to prove that the defendant had knowledge of the weight or amount of the opium or heroin the defendant knowingly possessed, only that the defendant knowingly possessed the controlled substance.
At trial, if the jury finds from the evidence beyond a reasonable doubt that on or about the alleged date the defendant knowingly possessed opium or heroin and that the amount which the defendant possessed was in an amount covered by the trafficking statute listed above, then it would be the duty of the jury to return a verdict of guilty. If the jury does not so find or has reasonable doubt as to one or both of these things, then it would be the jury’s duty to return a verdict of not guilty.
If you have been charged with Trafficking in Opium or Heroin in North Carolina, then you need experienced legal representation to defend you in court. With minimum prison terms of 70, 90, or 225 months, you need a lawyer who has extensive experience handling drug trafficking cases, both before trial in plea negotiations and, if a satisfactory result cannot be reached, in a trial by jury. Attorney Garland Byers is a former police officer, former Assistant District Attorney, and has successfully investigated, prosecuted, and defended, drug trafficking cases in North Carolina Superior Court.
One thing you need to know: you have options. There are very effective defenses to this charge. Each case is, of course, different and the facts of your case are totally unique. Regardless, there are things that can be done to maximize your chances of obtaining a favorable result. But these things must be done early on in your case in order to put your case on the best possible footing. One thing to be aware of is that the longer a heavy drug case remains pending in State Court, the odds of the federal government taking the case and federal charges being brought against you increase. Obviously, the punishments for drug trafficking is much different in federal court. Suffice to say, it would severely complicate your legal situation.
As to the complexities of drug trafficking crimes, these cases typically involve intensive criminal investigations, sometimes by multiple law enforcement agencies and sometimes across multiple jurisdictions and are likely to generate extensive and voluminous reports and other evidence, all of which must be reviewed and evaluated in order to properly defend and advise you. To further complicate the situation, there are likely to be confidential informants and search and seizure issues in these cases which can provide you with prime defenses which can mean the difference between success and failure in obtaining a favorable result in your case.
Whether you want to plead guilty to a lesser offense, to take the case to trial, or you aren’t sure what to do, you should retain an experienced criminal defense lawyer to advise you immediately. Please give the law office of Garland Byers a call and have a consultation about your specific case. If you are a friend or family member reading this because your loved one is in jail, you can make the call on your friend or family member’s behalf to begin the process of turning the ship around.
Any lawyer with a valid law license can represent you. The challenge is to find the right lawyer with the right skills and the right experience for your specific case. Give us a call and let’s see if we are a good fit to guide you through these dangerous legal times. The choice of a lawyer is of critical importance. Make the right one.
Call the Byers Law Firm today.
Rev. 09/28/23; 10/3/23