BURGLARY

 

In Georgia, burglary in the first degree occurs when a person enters without permission into a dwelling, building, vehicle, railroad car, aquatic vehicle, aircraft, or any other structure that was designed for dwelling and is owned by another person, with the intent to commit theft or felony. Buildings can include garages, sheds, or even covered driveways.

Burglary in the second degree is similar to the first degree, with the difference being that the entering of the structure in the second degree is merely a building and not necessarily a dwelling.

 

Statutory Punishment

FIRST DEGREE BURGLARY

  • A person who commits the offense of burglary in the first degree shall be guilty of a felony, and shall be punished by imprisonment for no less than one but not more than 20 years.
  • Upon the second conviction of burglary in the first degree, the defendant shall be punished by imprisonment for no less than two but not more than 20 years.
  • Upon the third and all subsequent convictions for burglary in the first degree, the defendant shall be punished by imprisonment for no less than five but not more than 25 years.

 

SECOND DEGREE BURGLARY

  • A person who commits the offense of burglary in the second degree shall be guilty of a felony, and shall be punished by imprisonment for no less than one but not more than five years.
  • Upon the second and all subsequent convictions, the defendant shall be guilty of a felony and shall be punished by imprisonment for no less than one but not more than eight years.

 

The Problem

The construction of the burglary statute is written very broadly, and the purpose of that is to cover as many circumstances as possible. This puts potential defendants at a disadvantage; there are a number of ways that a person may be charged with burglary. A smart prosecutor can turn a simple misunderstanding into a felony crime given the right ingredients.

 

The Solution

Don’t leave the fate of having a criminal record or your freedom up to chance. It is the prosecutor’s job to win convictions; in court, their win is your loss. You need a competent lawyer that will fearlessly and aggressively fight for your best interests. You need to hire ROY YUNKER LAW.