According to reports out of Atlanta, police have arrested a man who has been accused of committing a string of recent burglaries.
The man is being charged with multiple counts of:
- Burglary in Georgia
- Criminal Damage to Property in Georgia
- Criminal Trespassing in Georgia
- Theft in Georgia
As a Georgia Criminal Defense Lawyer, I will outline the offense of burglary in today's post.
Burglary in Georgia
Burglary in Georgia is defined in the Georgia Code in O.C.G.A. ยง16-7-1 in two separate degrees.
First degree burglary is defined 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 misdefined 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
Burglary is always considered a felony offense. This means that the man who has been accused of these incidents is facing some serious consequences.
If you or a loved one has been arrested, contact a Georgia Criminal Defense Attorney today.
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