Accessory to 1st Degree Burglary

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

Hi, I'm a resident in the upstate of South Carolina and was writing to try to get a little insight on a case I'm following. The charge was Accessory Before the fact of a Felony (1st Degree Burglary). I've heard a lot of mixed opinions from friends and co-workers, so maybe someone here can give me a twist.

First off, the person who was charged with this was not at the scene when the crime occured. "John", who was charged with Acc. to 1st Degree Burglary of "Jack's" house, was with Jack during the time of the crime. John and Jack were in John's car while the crime was committed. John was then called by Jack, while Jack was in the presence of an investigator, and Jack and the investigator proceeded to tape record the conversation. After more than one phone call like this, months later John was charged with Accessory Before the fact of a Felony (First-Degree Burglary). The only evidence that I can possibly think of in the case if the phone conversations and I'm still not sure whats inside of those; it's suppose to be a couple of weeks before the Motion of Discovery is taken care of.

A few people have told me that this should not be accessory to burglary, but to theft or some sort of other lesser charge. I've heard the time of day plays an effect in what degree of burglary it is, and it was during daylight hours, inbetween noon and four. No residents were inside the home at the time the crime was committed. No weapon was brought into the house, but a weapon was brought out of the house.

If there's possibly any more info I could leave you to help you out with informing me, please list it and I'll reply with it as soon as possible. I'm looking to find out what the charge should be, the possible prison sentence time, etc.

P.S., the person who committed the crime was only been convicted of Disorderly Conduct on their adult record. Two simple possessions and a DUI pending, but he has not been to court for either yet. Only been convicted of Disorderly Conduct.

Thanks in advance for anyone that helps! =]

Presumably John has a lawyer and is working with his lawyer.

If John helped people burgle Jack's house, for example by keeping Jack distracted while the burglary proceeded, why wouldn't they be able to charge him as an accessory to the burglary?

"Some people told you" - who are these people, and what is their reasoning? For all we know, you're talking to the village idiot and his brother.