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Burglary in the First Degree v. Burglary in the Second Degree

The Lancaster County, SC Sheriffs Office arrested a man who is alleged to be involved in a string of burglaries.  He has been charged with 3 counts of Burglary in the 2nd degree and one count of receiving stolen goods.  These burglaries occurred last summer.

On June 7th, 2012 the man broke into and entered into Deal One Auto located at 1381 W. Meeting St. and carried away property from the business.  Two days later, the man broke into and entered into North Corner Grocery located at 3647 Charlotte Highway and carried property away from the business.  The following day, June 10th, the man attempted to break and enter into the Stop and Shop on McIlwain Rd.  When the deputies searched the man’s home, stolen property from all three locations was recovered.

He was charged with receipt of stolen goods after the man attempted to sell the goods on ebay.  The man is currently incarcerated at the Lancaster County Detention Center.

Burglary in the first degree v. Burglary in the second degree

SECTION 16-11-311. Burglary; first degree

(A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime in the dwelling, and either:

(1) when, in effecting entry or while in the dwelling or in immediate flight, he or another participant in the crime:

(a) is armed with a deadly weapon or explosive; or

(b) causes physical injury to a person who is not a participant in the crime; or

(c) uses or threatens the use of a dangerous instrument; or

(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or

(2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or

(3) the entering or remaining occurs in the nighttime.

(B) Burglary in the first degree is a felony punishable by life imprisonment. For purposes of this section, “life” means until death. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years.

SECTION 16-11-312. Burglary; second degree.

(A) A person is guilty of burglary in the second degree if the person enters a dwelling without consent and with intent to commit a crime therein.

(B) A person is guilty of burglary in the second degree if the person enters a building without consent and with intent to commit a crime therein, and either:

(1) When, in effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:

(a) Is armed with a deadly weapon or explosive; or

(b) Causes physical injury to any person who is not a participant in the crime; or

(c) Uses or threatens the use of a dangerous instrument; or

(d) Displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or

(2) The burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or

(3) The entering or remaining occurs in the nighttime.

(C) Burglary in the second degree is a felony punishable by imprisonment for not more than fifteen years, provided, that no person convicted of burglary in the second degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence.

If you or a loved one has been charged with Burglary of the first or second degree, you are definitely facing jail time.  This is why it is so important to get an attorney who is willing to fight for you.  Call the law offices of Reeves, Aiken & Hightower, LLP at our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.

Rock Hill Man and Woman Charged with Second Degree Burglary

An early morning burglary that occurred at the South Carolina Department of Transportation facility in Rock Hill was disturbed by a DOT employee.  Police say two people were in the process of loading equipment into a U-Haul truck, when the DOT worker spotted them.  This occurred around 1:00 a.m.

Police have charged a 40-year-old woman, and 42-year-old man with grand larceny, criminal conspiracy, and second-degree burglary, according to Rock Hill police booking reports.  In many states throughout the United States, a person must enter the dwelling of another in order to be charged with the crime of burglary.  However, in South Carolina, if one enters a building with the intent to commit a felony or larceny therein, that person may still be charged with burglary under South Carolina law.

If you have been charged with a property crime in South Carolina such as larceny, burglary, or robbery, call the law offices of Reeves, Aiken & Hightower, LLP.  We have years of experience in defending those charged with criminal offenses, and would be happy to assist you.  For a consultation, call our Baxter  Village office in Fort Mill, South Carolina at 803-548-4444, or toll-free at 877-374-5999.

Rock Hill Woman Found Stealing is Charged with Shoplifting

A Rock Hill resident was apprehended by police when to woman was caught stealing almost 50 separate pieces of jewelry from the Rock Hill Galleria.

According to a police report, the woman went to the Belk Store at the Rock Hill Galleria on Friday night with a pillow case and her purse in hand.

The woman took price tags off several pieces of jewelry and put them in the pillow case, which was concealed by a jacket she was wearing.When the woman attempted to leave the store, a security guard stopped her and confiscated around $2,000 worth of jewelry she had stolen.

After apprehending the suspect, authorities charged her with shoplifting.

Getting charged with shoplifting in the state of South Carolina is a very serious crime. Furthermore if one has purposefully concealed the items in question, the prosecution may use evidence against the defendant to presume shoplifting has occurred.

According to South Carolina Statutes, Sections 16-13-110 defines “concealment” in terms of shoplifting means “to hide merchandise on the person or among the belongings of a person so that, although there may be some notice of its presence, it is not visible through ordinary observation.” S.C. Stat. 16-13-110(2006).

Moreover, section 16-13-120 allows for the state to draw a presumptions from concealment of unpurchased goods, stating in pertinent part that ” it is permissible to infer that any person wilfully concealing unpurchased goods or merchandise of any store or other mercantile establishment either on the premises or outside the premises of the store has concealed the article with the intention of converting it to his own use without paying the purchase price thereof” within the meaning of the concealment definition provided above.S.C. Stat. 16-13-120(2006)

 

Contact the law offices of Reeves, Aiken, and Hightower to consult with one of our criminal attorneys if you or someone you know has been charged with the crime of shoplifting.  We are licensed in both North Carolina and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.

Rock Hill Woman Assaulted and Robbed

A Rock Hill woman may want to keep closer tabs on her wallet.  The woman stated to officers that a man stole it from her and the $130 inside from a grocery store on Saturday.

According to authorities, the woman said she was approached from behind by a man at the grocery store.  The man asked the lady “Do you know Jeremy?”  The woman stopped and turned around to look at the man, which is when she realized he had her wallet.

After confronting him about the wallet, the man fled the scene on foot.  The woman stated along with the $130, her keys and credit cards were also taken.  Contact the law offices of Reeves, Aiken, and Hightower in North Carolina or South Carolina to consult with a criminal attorney about any criminal charges.  Our criminal attorneys understand the hardships facing criminal defendants.  Our criminal attorneys want to help you or someone you might know with his/her case.  We are licensed in both North Carolina and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.

 

Rock Hill Employee Arrested for Stealing Gun

gun

An employee at a Rock Hill car wash probably will not have his job much longer.  The employee allegedly stole a handgun from a customer’s glove compartment while cleaning out her car, according to the York County Sheriff’s Office.

According to authorities, the customer stated that employees from the Jamison Detail Shop and Car Wash picked her car up at the customer’s place of employment, which is when the gun was stolen according to her.

The business owner allowed authorities to search the premises of the car wash and instructed all employees they were not allowed to leave until the officers finished their search for the pistol.  The officers then located the pistol in the jacket of one of the employees, but the man denied stealing the pistol.  Authorities charged him with larceny and breaking and entering.

If you or someone you know has been charged with a serious crime, contact the law offices of Reeves, Aiken, and Hightower to consult with one of our criminal attorneys about any criminal charges.  Our criminal attorneys handle many types of criminal cases in North and South Carolina, including burglary and larceny, and want to help you with your criminal charges.  We are licensed in both North and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.

 

SWAT Personnel Apprehend Barricaded Robbery Suspect

A man simply wasn’t going to go down easily.  The man who was wanted for armed robbery was arrested by SWAT personnel with the Charlotte-Mecklenburg Police department after he barricaded himself in his house.

Authorities had warrants out for arrest against the man in connection with armed robbery.  On Monday Morning, CMPD department personnel proceeded to execute the arrest warrant against the man at his residence.

The officers realized that the man had barricaded the entries to the residence, locking himself inside.  Without having proper siege equipment, officers could not breach the blockade.  SWAT personnel were called and apprehended the man without incident.  He was being questioned by police at headquarters.

Contact the law offices of Reeves, Aiken, and Hightower to consult with one of our criminal attorneys.  Our criminal attorneys handle many types of criminal cases in North and South Carolina.  We are licensed in both North and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.