1. G.S. 14-33(a) Misdemeanor 2. G.S. 20-138.1 Impaired driving3. G.S. 90-95 (a)(1) Violations: Unlawful for any person to manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance. 4. G.S. 14-60 Burning of schoolhouses or buildings of educational institutions. 5. G.S. 14-113.20 Identity theft
1. Voluntary manslaughter G.S. 14-23.32. First-degree trespass G.S. 14-159.123. Communicating threats G.S. 14-277.14. Disorderly Conduct G.S. 14-288.45. Carrying Concealed Weapon G.S 14-269
Criminal Law: Crimes of Burglary and Breaking or Entering
In the North Carolina General Statutes, burglary and breaking or entering are covered under Article 14 (North Carolina General Assembly).
Burglary is divided into two categories- first degree and second degree. First degree burglary is committed when it has the following elements: A person breaks and enters, without the consent, into the dwelling house or sleeping apartment of another, while it is actually occupied, at night, with the intent to commit any felony or larceny therein. Breaking means to make some kind of opening. If a person enters using an open door or window, it is not considered as breaking but if an unlocked door or window is opened, it will be labeled as breaking (James). For instance, if a child opens a partly open window and crawls into a house that is occupied at night to steal a gaming system, that kid will be guilty of first degree burglary (Didier). First degree burglary is punishable as Class D felony.
Second degree burglary consists of the same elements as the first degree burglary except that either the dwelling house or sleeping apartment is not occupied in this case or the place is not itself a dwelling house but rather in the surrounding area (curtilage) of a dwelling house. Such a burglary is punishable as Class G felony.
On the other hand, breaking or entering can either be a misdemeanor or a felony. If a person breaks or enters any building with the intent to commit any felony or larceny or to terrorize or injure an occupant of the building, that person will be guilty of Class H felony. Unlike burglary, there does not need to be both breaking and entering. Also, unlike burglary, felonious breaking or entering can occur at any time of the day and not just at night.
Misdemeanor breaking or entering occurs when a person breaks or enters any building wrongfully. In other words, there is no intent to commit any felony or larceny. For instance, if a person enters a warehouse through an unlocked door, without the imprimatur, in order to take a nap inside, will be categorized as misdemeanor breaking or entering (Didier). This offence is punishable as Class 1 misdemeanor. Also, like felonious breaking or entering, misdemeanor breaking or entering is not restricted to nights as burglary, and it is not necessary that both breaking and entering occur.
Works Cited
Didier, Ave Mince. “Burglary and Home Invasions in North Carolina.” Criminaldefencelawyer.com. NOLO. Web. 6 May 2014.
Minick, James. “Burglary Offences.” Minicklaw.com. Web. 6 May 2014
“North Carolina General Statutes.” Ncleg.net. North Carolina General Assembly. Web. 6 May 2014.
