What is the possible sentence in the state of NC for 1st degree burglary and you have no record?

Asked over 2 years ago - Greensboro, NC

I was with someone that told me he had got a credit card from his grandmother, i kinda new he took but i didnt stress it. I did use the credit card. Now after speaking to the dectives i come to find out my friend stole the purse from a disable woman and i had no idea. now hes on the run and i turned my self in what kinda of time would i be looking at i have no record

Attorney answers (3)

  1. Haywood E. White III


    Contributor Level 9

    Answered . 1st Degree Burglary is a class D felony and carries significant prison time, if you are convicted. It sounds more like a case of possession of stolen property, and financial card transaction fraud, which do not carry much (if any) prison time, depending on your prior record.
    I suggest you retain counsel in the Greensboro area, as soon as you can, and hope that your attorney can persuade the DA to dismiss the burglary charge. Sounds like the state may have proof problems on that charge.
    In the meantime, do NOT give any more statements to the police, or elsewhere (including the internet) about this case.

  2. Damon John Chetson

    Contributor Level 14

    Answered . First Degree Burglary is punishable in NC as a Class D felony, which means, if the offense was alleged to have occurred after December 1, 2012 and if sentenced at the top of the Aggravated Range, the offender would face a maximum of 108 months in prison - 9 years.

    There is no possibility of probation if convicted of First Degree Burglary - there is a requirement that the judge sentence to active prison time, even for first time offenders. The one exception to that rule is that the judge could find extraordinary mitigation.

    It may be possible to plead guilty to a lesser crime - Second Degree Burglary, or Felony B&E - but the decision to take any plea is only something that should be taken after talking the matter over with an attorney.

    Raleigh criminal lawyer Damon Chetson represents people in Raleigh, Cary,... more
  3. Daniel P. Donahue

    Contributor Level 8

    Answered . Assuming what you detailed is true, you have a case that any attorney in NC who is worth his/her weight would be able to significantly help you with. Stop talking to others about the case (including your friend) and start talking to lawyers. Good luck.

    This is not legal advice. This is a hypothetical answer to a question. This exchange in no way creates an... more

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