We represent Gregory Smith in State v. Smith. Gregory Smith wants the firm to represent him in a criminal action. Mr. Smith was charged first degree burglary which carries a life sentence in South Carolina. In November 2000, Mr. Smith's mother passed away. As a result, his mother's ownership interest in Mr. Smith's childhood home passed intestate to Mr. Smith, his father, and his sister. Mr. Smith grew up in his home and lived there until his early thirties. Mr. Smith returned and resided in the home after November 2019. His father stayed in the home alone at that time and Mr. Smith had his own residence. On August 28, 2021, Mr. Smith's father returned home from a night of playing poker with his friends when Mr. Smith jumped behind him with a gun and demanded money. His father gave him all the money he had. After Mr. Smith left the home, his father called 911 to report the crime committed by Mr. Smith. Mr. Smith was subsequently arrested for armed robbery and first-degree burglary. Mr. Smith alleges that he should not have been charged with first-degree burglary because he was part owner of the house and he could not be guilty of burgling his own home. Please research the statutory law and case to determine if Mr. Smith could be found guilty of burglary if he is part owner of his childhood home.

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