Burglary 2nd Degree in SC: Penalties, Defenses, and Parole

Second-degree burglary in SC is a felony that covers two different situations: entering someone’s home without permission and with intent to commit a crime inside, or entering a non-residential building without permission and with criminal intent when at least one aggravating factor is present. The maximum sentence is 10 years for the dwelling version and 15 years for the non-dwelling version with an aggravator. Which subsection applies matters far beyond the number of years, because only one of the two is classified as a violent crime under South Carolina law.¹

The Two Versions of the Charge

South Carolina’s second-degree burglary statute creates two separate offenses under one heading, and treating them as the same charge is a common mistake.

Subsection (A) covers entering a dwelling without consent while intending to commit a crime inside. Nothing else is required. Unauthorized entry into a residence plus criminal intent is enough on its own.¹

Subsection (B) covers entering a non-residential building, such as a store, warehouse, or office, without permission and with criminal intent, but only when at least one aggravating factor is also present. Without that factor, the same entry drops to third-degree burglary.¹

What Counts as a Dwelling

South Carolina defines a dwelling broadly. It includes any structure where someone sleeps at night, whether that person is the owner, a tenant, a security guard, or an employee. Outbuildings within 200 yards of the main residence also count as part of the dwelling.² That definition matters because whether a structure is a dwelling determines whether subsection (A) or subsection (B) applies, and the two carry very different consequences.

Aggravating Factors That Trigger Subsection (B)

For a non-dwelling entry to reach second degree, the prosecution has to prove at least one of the following existed during the break-in, the time inside, or the immediate escape:¹

The defendant or any accomplice was armed with a deadly weapon or explosive.
A person who was not involved in the crime was physically injured.
Any instrument capable of causing serious injury was used or threatened as a weapon, including everyday items.
The defendant displayed something that looked like a firearm or knife, even if the object was fake or non-functional.
The defendant already had two or more prior convictions for burglary or housebreaking.
The entry happened at night.

The nighttime factor is the one that catches people off guard. It requires no violence, no weapon, and no record. Breaking into a closed business after dark is, on its own, enough to move the charge from third-degree to second-degree burglary.

Penalties and Parole

The prison exposure depends on which subsection you were charged under, and the numbers produce a result many people find counterintuitive. The non-dwelling offense with an aggravating factor actually carries a harsher maximum than the dwelling offense without one.

Dwelling entry under subsection (A): up to 10 years in prison.¹
Non-dwelling entry with an aggravating factor under subsection (B): up to 15 years in prison, with no parole eligibility until at least one-third of the sentence has been served.¹

The one-third rule is written directly into the burglary statute and applies specifically to subsection (B). For a 15-year sentence, that means at least 5 years behind bars before the parole board can consider release. Subsection (A) does not contain the same restriction inside the statute itself, though the Department of Corrections applies its own guidelines for parole eligibility based on the offense classification.

The Violent-Crime Label and Repeat-Offender Exposure

Only the subsection (B) version of second-degree burglary appears on South Carolina’s statutory list of violent crimes.³ The dwelling offense under subsection (A) is not classified as violent, despite involving someone’s home. That surprises most people, but it tracks with what each subsection actually requires: subsection (B) demands proof of weapons, injury, threats, or other dangerous circumstances, while subsection (A) demands none of those.

The violent classification carries consequences beyond parole timing. Under South Carolina’s repeat-offender statute, second-degree burglary under subsection (B) counts as a “serious offense.” A person convicted of a serious offense who already has two or more prior convictions for serious or “most serious” offenses faces a mandatory sentence of life without parole.⁴

Even short of that threshold, the violent label follows a person through every later interaction with the criminal justice system, affecting bond decisions, sentencing calculations on future charges, and how prosecutors approach plea negotiations.

Life After a Conviction

A second-degree burglary conviction is a felony no matter which subsection applies, and the fallout runs well past the prison sentence.

Federal law permanently prohibits anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition. Both versions of second-degree burglary carry maximums well over that line, so either conviction triggers the federal ban.⁵ The federal prohibition has no built-in expiration.

For non-citizens, the stakes climb higher. Federal immigration law treats certain theft-related felonies as grounds for deportation, and a burglary conviction involving intent to steal can fall into that category. A qualifying conviction may lead to mandatory detention, removal proceedings, and a permanent bar on reentry.

Employment, housing, and professional licensing all become harder to secure. South Carolina limits expungement eligibility primarily to minor charges and certain youthful-offender sentences, so a second-degree burglary conviction will generally stay on your record permanently.

Courts can also order restitution covering the victim’s actual financial losses, including damaged or stolen property, repair costs, and other out-of-pocket losses tied to the crime. Restitution is separate from any fines or court costs and often becomes a condition of probation or supervised release.

Where the Defense Usually Pushes Back

Because second-degree burglary requires proof of both unauthorized entry and intent to commit a crime inside, either element can be attacked.

Intent is often the most productive target. The prosecution has to show that the defendant planned to commit a crime at the moment of entry, not after arriving inside. If someone entered for a legitimate reason, or under a real misunderstanding about whether they had permission, that weakens the intent element. Intent lives inside someone’s head, and prosecutors have to prove it through circumstantial evidence: what the defendant was carrying, what they did once inside, what they said to witnesses or to police.

Consent is the other frequent battleground. If the defendant had permission to be in the building, or reasonably believed they did, the entry was not unauthorized. Disputes over consent come up often in shared workplaces, unlocked commercial buildings, and properties where the defendant had prior access.

For subsection (B) charges specifically, the defense can also challenge whether any aggravating factor actually existed. If the prosecution cannot prove the weapon, the injury, the nighttime entry, or whichever factor it is relying on, the charge should drop to third-degree burglary with its lower penalties. Recognizing that gap early can sometimes lead to a reduction before trial.

1
South Carolina Legislature. South Carolina Code 16-11-312 – Burglary; Second Degree
2
South Carolina Legislature. South Carolina Code of Laws – Section 16-11-10
3
South Carolina Legislature. South Carolina Code of Laws Title 16 Chapter 1 – Section 16-1-60
4
South Carolina Legislature. South Carolina Code of Laws – Section 17-25-45
5
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts