Disturbing reports out of Paulding County when a woman reported that a man broke into her house and attacked her when she came home.
He attacked her by holding a knife to her throat and then beat her. Detectives say that the man left on foot after entering the home by smashing a back window.
Burglary in Georgia
Burglary in Georgia is defined by the Georgia Code as the breaking and entering into any structure with the intent to commit a felony therein. O.C.G.A. §16-7-1.
The individual must intend to commit an underlying offense, which can be a crime against property, such as theft by taking in Georgia; or a crime against a person, such as assault in Georgia.
In the past, burglary was defined as the breaking and entering into any dwelling at night with the intent to commit a felony therein. However, many states, including Georgia, have modernized their statutes by taking out the “at night” portion and the “dwelling” portion. Now, you can be convicted of burglary for breaking into any kind of structure - a building, a vehicle, or a house at any time of the day.
Georgia law has also separated the offense of burglary into two separate degrees.
First degree burglary occurs when a person enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, railroad car, watercraft, aircraft, or other such structure for use as the dwelling of another without authority and with the intent to commit a felony or theft therein. If convicted of first degree burglary, a person will be convicted of a felony and will be punished by a prison sentence of one to twenty years.
Second degree burglary occurs when a person enters or remains in an occupied, unoccupied, or vacant building, structure, vehicle, railroad car, watercraft, or aircraft without authority and with the intent to commit a felony or theft therein. If convicted of second degree burglary, a person will also be convicted of a felony, however, the penalty is a prison sentence for a period from one to eight years.
The difference between first degree and second degree Burglary is whether or not the structure was intended to be a dwelling or not.
Burglary is a serious crime and is one that is typically charged as a felony. Georgia Felony Punishments are severe and have a lifelong effect on people.
A burglary charge can come with several possible penalties, and that is why it is important to have the Best Georgia Criminal Lawyer on your side. Unfortunately, Georgia Courts prefer to impose prison sentences over any other type of penalty. Contact us today.
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