A woman in SE Atlanta walked into her kitchen to find a stranger standing in her home. She attempted to run away, but the man knocked her over the head.
Neighbors heard the woman screaming for help and the rest of the incident was recorded by their porch video. The neighbors saw the strange man come out of the house and run down the street. One of the neighbors followed after the man until he lost sight of him into a wooded area.
As a Georgia Criminal Defense Lawyer, I will outline the offense of burglary in the state of Georgia in today's post.
Burglary in Georgia
Burglary in Georgia is defined in the Georgia Code in O.C.G.A. §16-7-1 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. Georgia Felony Punishments are not to be taken lightly, and no one should attempt to defend themselves or handle their own case if they are facing criminal charges.
If you or a loved one has been arrested, contact a Georgia Criminal Defense Attorney now.
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