Burglary Laws in Georgia
Burglary in Georgia is a serious crime. If convicted potential punishment includes prison and fines.
Burglary is a serious criminal charge.
If you have been charged with burglary you should contact our burglary defense lawyers at 678-880-9360.
What is Burglary in Georgia?
The elements essential to burglary include 1. unlawfully entering or remaining in a protected structure 2. with intent to commit a crime.
Unlawfully Entering or Remaining in a Protected Structure
Unlawful entry pertains to a person entering or being in, without permission or authority, a residence, building, motor vehicle, boat, rail car, or aircraft.
Unlawful entry applies to a place that is occupied or unoccupied. It is not limited to only entry by force.
Intent to Commit a Crime
The crime of burglary occurs when a person is unlawfully inside of a structure with the intent to commit a theft or other crime. This is applicable whether or not a theft or other crime takes place.
Types of Burglary and Punishments
Burglary 1st Degree
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.
Burglary 2nd Degree
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.
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.
Smash and Grab Burglary
A person commits the offense of smash and grab burglary when he or she intentionally and without authority enters a retail establishment with the intent to commit a theft and causes damage in excess of $500.00 to such establishment without the owner's consent.
A person convicted of smash and grab burglary shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than 20 years, by a fine of not more than $100,000.00, or both; provided, however, that upon a second or subsequent conviction, he or she shall be punished by imprisonment for not less than five nor more than 20 years, by a fine of not more than $100,000.00, or both.
Home Invasion
Home Invasion in the First Degree
A person commits the offense of home invasion in the first degree when, without authority and with intent to commit a forcible felony therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein.
A person convicted of the offense of home invasion in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for life or imprisonment for not less than ten nor more than 20 years and by a fine of not more than $100,000.00.
Home Invasion in the Second Degree
A person commits the offense of home invasion in the second degree when, without authority and with intent to commit a forcible misdemeanor therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein.
A person convicted of the offense of home invasion in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00.
Tools for the Commission of a Crime
A person commits the offense of possession of tools for the commission of crime when he has in his possession any tool, explosive, or other device commonly used in the commission of burglary, theft, or other crime with the intent to make use thereof in the commission of a crime.
A person convicted of the offense of possession of tools for the commission of crime shall be punished by imprisonment for not less than one nor more than five years.
Theft by Taking
Although related, the charge of Theft by Taking is different than burglary charges. In Georgia, by definition, theft by taking as occurring when a person unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which property is taken or appropriated.
First Offender Prosecution
A person who is a "first offender" can potentially avoid harsh prosection via deferred adjudication. Via Georgia's first offender program, the accused enters a guilty plea. The accused will then be sentenced, usually (but not alwyas) given probation.
If the accused successfully completes their sentence can receive an order of discharge which effectively dismisses the charges without a record of conviction.
Your burglary defense lawyer can explain this in more detail during your initial consultation.