Burglary

Burglary Charges in Georgia

Many people think of burglary as illegally entering a home or businesss to steal property. In Georgia, you can be charged with burglary even if you did not take anything. The bottom line is that the offense of burglary occurs when a person unlawfully enters or remains in a structure with just the intent to commit a theft or some other crime.

If you have been charged with burglary, our lawyers can pursue a not guilty defense, or negotiate the matter down to a lesser charge such as trespassing. If youv've been arrested on burglary charges you need to call our law firm as soon as possible.

Georgia Laws on Burglary - O.C.G.A. § 16-7-1

• (a) As used in this Code section, the term:
• (1) "Dwelling" means any building, structure, or portion thereof which is designed or intended for occupancy for residential use.
• (2) "Railroad car" shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property.
• (b) A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another. A person who commits the offense of burglary in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years. Upon the second conviction for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than 20 years. Upon the third and all subsequent convictions for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than five nor more than 25 years.
• (c) A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, vehicle, railroad car, watercraft, or aircraft. A person who commits the offense of burglary in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than eight years.
• (d) Upon a fourth and all subsequent convictions for a crime of burglary in any degree, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld.

If you have been arrested for burglary you need to hire an expert defense lawyer. Call us at 770-956-1400 to arrange time to discuss your situation and get answers to your questions.