911 Call Leads to Burglary Arrest in Georgia

A man has been arrested after being caught allegedly attempting to break into an apartment in Duluth. Officers responded to a 911 caller who reported seeing the suspect.

The man has been charged with first-degree burglary.

As a Georgia Criminal Defense Lawyer, I will do a deep dive into the law behind the criminal offense of burglary in the state of Georgia in today's post.

Burglary in Georgia

Burglary in Georgia is defined by the Georgia Code in O.C.G.A. § 16-7-1 as:

First degree burglary is defined by Georgia Law as:

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.

Second degree burglary is defined by Georgia Law as:

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.

Practice Note

Both degrees of burglary are considered serious felonies in the state of Georgia. If you or a loved one has been arrested on a felony charge, contact our offices today.