Burglary Charges

Defending Burglary Charges

Many young people have spent significant time in jail or prison for the decision to enter another person’s home, or because they chose to hang out with others who decide to break into homes or businesses.  Burglary is a crime that is treated more harshly – especially if a person has a prior burglary conviction. A Judge will routinely make an example out of the Accused in order for the community to see that he is tough on crime and will not tolerate the violation of our homes.  Depending on the situation, a burglary conviction can carry a mandatory minimum sentence without the possibility of parole.

Burglary charges require a careful defense.  Mistaken identification is common in burglary cases, therefore police procedures, reports and scientific studies must be closely examined.

Burglary
(a) 1st Degree: Without authority and with the intent to commit a felony of theft inside, enters or remains within an occupied dwelling house (or other structure designed for use of a dwelling house) of another. Example: residential property The potential sentence for this offense is 1-20 years. Upon 2nd conviction, 2-20 years, and upon 3rd or more is 5-25 years. There are serious penalties for a person who has been convicted of multiple felony offenses that include burglary. (b) 2nd Degree: Without authority and with the intent to commit a felony of theft inside, enters or remains within a building or structure of another that is not a dwelling house. Example: business or abandoned property not used for dwelling.

The potential sentence for this offense is 1-5 years. If 2nd or more, 1-8 years. O.C.G.A. 16-7-1

Smash and Grab, Retail Establishment
(b) Smash and Grab Burglary: Intentionally and without authority enters a retail establishment with the intent to commit a theft and causes damage in excess of $500 without the owner’s consent.

The potential sentence for a smash and grab is 2-20 years and/or $100,000 fine. If 2nd or more, 5-20 years and/or $100,00 fine. O.C.G.A. 16-7-2