Thank you ma'am
I want to start with the code...below is the SC law that applies
(A) A person is guilty of burglary in the first degree
if the person enters a dwelling without consent and with intent to commit a crime in the dwelling, and either:
(1) when, in effecting entry or while in the dwelling or in immediate flight, he or another participant in the crime:
(a) is armed with a deadly weapon or explosive; or
(b) causes physical injury to a person who is not a participant in the crime; or
(c) uses or threatens the use of a dangerous instrument; or
(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or
(2) the burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or
(3) the entering or remaining occurs in the nighttime.
(B) Burglary in the first degree is a felony punishable by life imprisonment. For purposes of this section, "life" means until death. The court
, in its discretion, may sentence the defendant to a term of not less than fifteen years.
So the fact he entered at night is, in and of itself, enough to warrant a conviction of 1st degree burglary.
But what you describe is NOT burglary
In order to convict, they must prove
the person enters a dwelling without consent and with intent to commit a crime in the dwelling
So...the prosecution must prove that your son entered the building to commit a crime.
Entering the building without permission is a crime (trespassing)
But retrieving his own property is NOT a crime.
So what you describe is NOT burglary.
All that said, they can charge him with it.
But to convict him of it? They have to prove he intended to commit a crime (like steal property that was not his)
What you describe, it sounds like he is guilty of trespassing and that is it
Please let me know if you have more questions...happy to assist if I can