Breaking or entry refers to the unlawful, forcible entry or entry by trick into some other person's building with the intent to commit a felony therein. Usually such a crime is charged for going into stores, garages, or other types of commercial buildings and/or storage facilities with the intent to commit a larceny therein. Such a breaking and entering is a class H felony that carries with it a possible 4 to 5 months minimum sentence up to a maximum of 39 months in prison.
Breaking or entering of a motor vehicle is a class I felony which carries with it a minimum possible sentence 3 to 4 months and a maximum of 24 months. Although many people refer to this crime as breaking AND entering, the offense is truly known as breaking OR entering.
Basically, if you walk into an open door without permission, with the intention of stealing something, or you reach into the open window of a car, you would guilty of this offense because you have gained entry, no matter how slightly you entered into the vehicle or building. Force is not a required element of the crime.
Contact William T. Peregoy, Attorney At Law, PLLC today for assistance with your breaking & entering case in Wilmington or New Hanover County, North Carolina.