South Carolina Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in South Carolina: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in South Carolina, consult a licensed South Carolina criminal defense attorney.

South Carolina Burglary Penalties

OffensePenalty
First OffenseFelony (2nd degree): up to 10 years prison
Second OffenseFelony (1st degree): up to 15 years prison

SC Code §16-11-311; 1st degree involves violent entry or weapon

Burglary Statute of Limitations in South Carolina

In South Carolina, the statute of limitations for theft and property crimes is generally None.

See all South Carolina statutes of limitations →

Defending Against Burglary Charges in South Carolina

Common defenses in South Carolina burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a South Carolina criminal defense attorney for advice.

Related South Carolina Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication