Two men in DeKalb County faced a horrifying situation late last night. According to reports, two men were awoken when a crew of four to six men entered their home screaming, “Police! Police!”
Then the two occupants were pistol whipped and beaten with bats and locked into a bathroom in the home. All of the alleged assailants were wearing masks.
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 by the Georgia Code 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. O.C.G.A. §16-7-1.
Second degree burglary has the same penalties as first degree burglary - the only different is when someone breaks into a structure that is not used as a dwelling.
In Georgia, a person can be convicted of burglary for breaking into a building, vehicle, or house no matter what time of day.
The suspects are most likely facing many more charges including aggravated assault in Georgia. There are certain situations in which there are wrongful allegations or arrests.
If you or a loved one has been arrested in Georgia, contact a Georgia Criminal Defense Attorney today. There are certain defenses that can be used if there has been a wrongful accusation or arrest. Your defense starts here with us. Contact us now.