Felony breaking and entering is a class H felony in North Carolina. So is felony larceny. Safecracking is a a class I felony. For each Class H Level I, (and if your record is truly just one paraphernalia conviction) the punishment is a maximum of 19 months, at the top of the aggravated range, but the presumptive maximum is 17 months. This is in an community/intermediate/active block so probation is an option, and is likely, for the sentencing court, but so is prison. Class I level I is a community punishment block, with a presumptive maximum of 17 months so the sentencing court cannot impose prison nor can it impose a split sentence, so probation would be mandatory if not attached to the B&E&L charges.
So... without any aggravating factors alleged, the maximum sentence would be about 34 months in prison followed by probation.
That is not the likely outcome, but you asked what the maximum would be. In my experience, the likely offer will be one (1) consolidate sentences, so the maximum would be 17 months. However, depending on the facts, probation is likely the offer.
Get a good attorney, and perhaps a deferred prosecution could be worked out, depending on the county where you are charged, and the circumstances surrounding the charge. Some counties will not offer deferred on home break-ins.
If the B&E charges resulted from break-ins of residences (as opposed to businesses), the DA's office here in Wake County typically won't reduce the charges to misdemeanors or offer you any sort of deferral program. Unless there are truly exceptional circumstances, your choices may be either plead guilty, or plead not guilty and request a jury trial.
In either circumstance, it is critical that you have an experienced attorney represent you in this case. An attorney can help evaluate your case and give you advice on the potential benefits and risks of fighting the charge or pleading guilty. This is especially important in these types of situations where the prosecutor typically won't offer you a reduction in the charge.
I practice here in Raleigh and would be happy to speak with you more about the case. I typically offer free consultations; please see my profile for my contact information.
