Legal Question in Criminal Law in South Carolina

Re: Burglary

The elements of First Degree Burglary are:

. That the accused did break and enter a dwelling without consent and with the intent to commit any crime and: one or more of the following aggravating circumstances are present:

a. armed with a deadly weapon (either himself or codefendant).

b. causes physical injury to any person who is not a participant in the crime.

c. threatens use of a dangerous instrument.

d. displays what appears to be a knife or firearm.

e. has a prior record of two or more convictions for burglary or housebreaking or a combination of both.

f. enters, remains in, or exits during the nighttime.

There are possible exceptions to the nighttime requirement. In the past I have been sucessful in getting it reduced to Second Degree and even Third Degree.

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