DeKalb County Man Experiences Burglary, Theft, and Assault in One Morning

According to reports out of DeKalb County, an anonymous victim (who has asked to remain unidentified), was taken to a local hospital after four people allegedly forced their way into his home this morning.

The four individuals apparently asked for cash after breaking and entering his home around 3:45 a.m. Shortly afterwards, one of the individuals struck the victim in the head and knocked him out.

Doctors have reported that he is expected to make a full recovery, however, police are still on the search for the four burglars. The home intruders were gone by the time police arrived to the home.

The investigation is still ongoing, but the victim's debit card, cellphone, and other costly items were taken after the break-in.

As a Georgia Criminal Defense Lawyer, I would like to mention that the list of charges for these four suspects is most likely going to be very long if they are apprehended. The charges will most likely include:

• Burglary in Georgia
• Theft by Taking in Georgia
• Robbery in Georgia
• Assault in Georgia, etc.

In today's post, I will outline the offense of burglary in Georgia because most Georgians are confused about what legally constitutes this offense in our state.Many people are under the misconception that the only crime that can be associated with burglary is stealing. However, this is not true. You could be convicted of burglary if you had the intention of kidnapping, assault, or rape.

Burglary in Georgia

By law, burglary is defined as the breaking and entering into any structure with the intent to commit a felony therein. Originally, the offense of burglary was defined as the breaking and entering into any home at night with the intent to commit a felony therein. However, many states (including Georgia) have since amended their laws by taking out the “at night” portion and the “dwelling” portion.

Now, an individual can be convicted of burglary for breaking into a building, vehicle, or house no matter what time of day.

According to O.C.G.A. §16-7-1, burglary is broken down into two different degrees.

First Degree Burglary is defined as: 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 and found guilty of burglary in the first degree, an individual will be convicted of a felony and will be punished by a prison sentence of one to twenty years.

Second Degree Burglary is defined as: 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 and found guilty of burglary in the second degree, an individual will also be convicted of a felony - however the penalty is less severe with a prison sentence for a period from one to eight years.

Practice Note

Burglary is a much more serious crime than most people think it is. Some states classify burglary as a misdemeanor - however, Georgia does not permit it to be charged as anything less than a felony. Another harsh reality is that Georgia Courts tend to prefer to impose prison sentences over any other type of penalty.

This is why it is so important if you or a loved one has been arrested to contact a Georgia Criminal Defense Attorney. We can help you with your case and determine the best defense for you. Call us now.