One of law enforcement's major concerns is the protection of individual property, especially in smaller suburban communities such as Huntersville and Kannapolis. As a result, local police take a zero-tolerance approach towards vandalism, trespassing, and other property crimes and strictly enforce these laws. However, by taking such an aggressive stance toward property crimes, law enforcement frequently ends up arresting the wrong person or making mistakes during their investigation that violate suspects’ rights.
If you have been accused of committing a property crime, you should seek out the advice and guidance of a dedicated Charlotte criminal defense attorney at the Olsinski Law Firm, PLLC. As experienced Charlotte property crimes lawyers, we know what it takes to reach the best possible result in your case. Our attorneys are skilled litigators who are familiar with the local court system, prosecutors, and judges. We are also prepared to negotiate on your behalf—whatever it takes to make sure you do not have to face the consequences of a property crime conviction.
Property Crimes in North CarolinaWhile damage to personal property is a common property crime, there are many other more serious offenses. Property crime usually entails the taking of property or money without the use of violence. The most common property crimes include burglary, trespassing, breaking and entering, and causing damage to personal property.
Burglary
Burglary is defined as the forceful or unauthorized entry into another’s home or business with the intent to commit a felony or theft crime while inside. There are two types of burglary in North Carolina. First-degree burglary involves occupied residential structures designed for overnight accommodations. Second-degree burglary applies to all other buildings and structures on private property, including unoccupied rooms and homes.
Breaking or Entering
Breaking or entering is similar to burglary in that the crime applies to anyone who “breaks or enters any building with intent to commit any felony or larceny” while inside. The difference is that breaking or entering is usually reserved for commercial buildings because otherwise, the burglary statute would apply. Misdemeanor breaking or entering is used when the defendant does not have the intent to commit a felony or larceny while inside the property.
Trespassing
Trespassing is a crime that prohibits people from unlawfully entering or remaining on another’s property. Typically, trespassing is a misdemeanor offense; however, if you trespass with the intent to disrupt the normal operations of the building or to cause fear of serious bodily injury, the crime will be considered a felony.
Damage to Personal Property
Damage to personal property involves the “willful and wanton” damage to another’s personal property. If the amount of damage caused is under $200, the crime is considered a Class 2 misdemeanor; however, the offense becomes a Class 1 misdemeanor if the damage exceeds $200.
There is a fine line between one type of property crime and another. Often, this distinction comes down to what the prosecution considers your intent to be at the time of the offense. Thus, having an experienced Charlotte property crimes attorney is crucial to avoid being overcharged.
Have You Been Charged With a Property Crime in Charlotte?At The Olsinski Law Firm, PLLC, we take an aggressive approach to defending our clients charged with all types of property crimes. Property crimes can be either felonies or misdemeanors, meaning punishments can include jail or prison time, fines, and a conviction on the individual's criminal record. Our Charlotte property crimes lawyers are dedicated to ensuring you receive the sound legal advice and representation you need to protect your future and your freedom. Call our firm today and receive experienced guidance from misdemeanor charges to felony charges. An attorney at our Charlotte or Concord office is there to help answer your questions and put you at ease. To learn more, and to schedule a free consultation today, call 704-405-2850, or connect with us through our secure online contact form.