Anderson, SC asked in Criminal Law for South Carolina

Q: What has to be proved to convict someone up first degree burglary

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1 Lawyer Answer
Casey Brown
Casey Brown
  • Criminal Law Lawyer
  • Columbia, SC
  • Licensed in South Carolina

A: In SC the State has to prove each of these elements of first degree burglary:

1. entering a dwelling,

a. without consent AND

b. with the intent to commit a crime

c. at night or remaining there until nighttime


c. by a person with a prior record of two or more convictions for burglary


c. while entering or while inside the dwelling or while in immediate flight the defendant or another participant

i. is armed with a deadly weapon (including explosives) or

ii. causes physical injury to a nonparticipant or

iii. uses or threatens use of a dangerous instrument or

iiii. displays a knife/firearm or what looks like a knife or firearm

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