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  1. #1

    Default 1st, 2nd, and 3rd Degree Burglary Clarification

    My question involves criminal law for the state of: South Carolina

    First I would like to say "I'm not, nor have I been" involved in anything like this. I'm trying to understand. I have a son who is being charged with one of these.

    Will they ever listen?

    My questions are:

    What is the difference between 1st, 2nd, and 3rd Degree Burglary?

    Which one is worse and carries a stiffer penalty?

    Thank you.

  2. #2
    Join Date
    Mar 2007
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    Default Re: 1st, 2nd, and 3rd Degree Burglary Clarification

    First is worse than second which is worst than third.

    Let us know what he is charged with and we can help.

  3. #3

    Default Re: 1st, 2nd, and 3rd Degree Burglary Clarification

    He has been in trouble before, but it has all been alcohol related. Currently the charges are ...

    Burglary, 1st Degree x3
    Armed Robbery x2
    Robbery x1
    Petit Larceny x1
    Conspiracy x3
    Possession of weapon during violent crime x1
    Kidnapping x1

    Supposedly more people in same situation. Two others already arrested. Main person was finally arrested in another state. We are waiting for extridition back to SC.

    I'm numb, beyond upset, currently on layoff status... Don't know what to do. Never been in this situation before. I'm not sure a public defender will provide proper representation but I don't have the funds for an attorney. My son says he's innocent and feels he was set up when he wasn't there during the time of incidents. <shrug>

    At this point, I just don't know what to believe.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: 1st, 2nd, and 3rd Degree Burglary Clarification

    Quote Quoting trying2understand
    View Post
    He has been in trouble before, but it has all been alcohol related. Currently the charges are ...

    Burglary, 1st Degree x3
    Armed Robbery x2
    Robbery x1
    Petit Larceny x1
    Conspiracy x3
    Possession of weapon during violent crime x1
    Kidnapping x1

    Supposedly more people in same situation. Two others already arrested. Main person was finally arrested in another state. We are waiting for extridition back to SC.

    I'm numb, beyond upset, currently on layoff status... Don't know what to do. Never been in this situation before. I'm not sure a public defender will provide proper representation but I don't have the funds for an attorney. My son says he's innocent and feels he was set up when he wasn't there during the time of incidents. <shrug>

    At this point, I just don't know what to believe.
    um, wow.

    I count, what, ten felonies and a handful of misdemeanors?

    Are these actual charges from the police? Is he jailed? what is his bond?

  5. #5

    Default Re: 1st, 2nd, and 3rd Degree Burglary Clarification

    Yes, these are the charges I found after they processed him. What a SHOCK!!!!

    Yes, he is in jail.

    A judge and a few police officers told me that all these COULD be dropped. Sometimes they will arrest people because of a connection they have to someone; someone they are really after. Thus, me stating "Main person was finally arrested in another state.". Evidentally this kid has a record from here to China and back.

    No bond set at this time.

    I guess at this time it is nothing but a waiting game.

  6. #6
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: 1st, 2nd, and 3rd Degree Burglary Clarification

    Quote Quoting trying2understand
    View Post
    Yes, these are the charges I found after they processed him. What a SHOCK!!!!

    Yes, he is in jail.

    A judge and a few police officers told me that all these COULD be dropped. Sometimes they will arrest people because of a connection they have to someone; someone they are really after. Thus, me stating "Main person was finally arrested in another state.". Evidentally this kid has a record from here to China and back.

    No bond set at this time.

    I guess at this time it is nothing but a waiting game.
    I doubt that all those charges will come into play... but there will be enough to be worried.

    when you can, provide us with the exact statutes under which he has been charged so that I can pull them up and give you an idea of the jail time we are talking about...

    I am assuming you know he needs the best attorney you can find... associating with the wrong people can lead to serious issues.

  7. #7
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    Default Re: 1st, 2nd, and 3rd Degree Burglary Clarification

    There's not much point to looking up the statutes. That can tell you what the maximum penalties are, but odds are there's eventually going to be a plea bargain that will change or reduce the set of charges, put some sort of limit on the punishment, or both. If the charges are dropped, the issue's moot as you don't go to jail over dropped charges.

    Beyond that, looking at South Carolina's sentencing guidelines will probably tell you much more about probable sentences than will the statute itself.

  8. #8
    Join Date
    Mar 2007
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    Default Re: 1st, 2nd, and 3rd Degree Burglary Clarification

    Quote Quoting Mr. Knowitall
    View Post
    There's not much point to looking up the statutes. That can tell you what the maximum penalties are, but odds are there's eventually going to be a plea bargain that will change or reduce the set of charges, put some sort of limit on the punishment, or both. If the charges are dropped, the issue's moot as you don't go to jail over dropped charges.

    Beyond that, looking at South Carolina's sentencing guidelines will probably tell you much more about probable sentences than will the statute itself.
    The statutes will guide us to the sentencing guidelines. To make sure we are talking about the correct charges.

    Of course, if there is a plea bargain the new charges could have different penalties. However, that was not the question.

    The question was what was the possible consequences of the charges as read.

  9. #9

    Default Re: 1st, 2nd, and 3rd Degree Burglary Clarification

    I was going to write a whole lot more... but thought I would keep it brief, because of the age of the post.

    Had a bad public defender who put the fear of coming out in a body bag if he didn't take a plea.

    Four people who admitted to crime(s) implicated him. Uncle and nephew and their girlfriends. Didn't even know my son's last name.

    My son was never asked for a statement. Told me the only thing he was guilty of was knowing about the burglaries (because they bragged about it) and not reporting them to the police.

    There was no evidence against him and lawyer said it didn't matter. That it would be hard to discredit statements. Uncle and nephew already had criminal past.

    Son got sentenced to 13 years this week.

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