Example of False Imprisonment and Burglary in Recent Georgia Home Invasion

A warrant has been issued for one of three people caught on camera breaking into a family's home in Cobb County on March 26.

Ricky Grace has been identified as one of the two masked men involved in the break-in. The third individual involved is allegedly Amanda Tanks who faked an emergency to get the family to open the front door to the home. Tanks was arrested earlier this month after police officers identified her from the surveillance footage.

Since then, police detectives have secured a search warrant for Grace's home. He was not home at the time, and authorities are still on the lookout.

Grace is wanted on multiple charges, including first-degree burglary, aggravated assault, false imprisonment and first-degree cruelty to children.

Let's analyze what crimes Grace is being accused of committing, and remember there are always Georgia Criminal Defenses that may be applicable to the accused. 

Burglary in Georgia

Georgia law divides burglary in Georgia into two different degrees. 

First-Degree Burglary is defined by Georgia law as “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.” O.C.G.A. §16-7-1.  

Simply, if a person enters into someone's home, without their consent or authority, with the intent to commit a felony or a theft, then he is committing first-degree burglary. 

There are some important requirements to be convicted of first-degree burglary.

1. You have to enter into a dwelling house, building, vehicle, or other structure. This structure can be occupied or unoccupied.
2. You have to have the intent to commit a felony. Most people believe that the felony is limited to theft or actually stealing something. However, you can actually be convicted of burglary if you merely had the intention of kidnapping, raping, or assaulting another person. It's important to know, you don't actually have to take anything to be convicted of first degree burglary.
   
   

The only difference between first-degree and second-degree burglary is that the structure itself has to be designed for use as the dwelling of another. For second-degree burglary, the crime is entering a structure without authority intending to commit a felony or theft therein. For example, entering into a warehouse or an office building without authority intending to commit theft.

In Georgia, both degrees of burglary are considered felonies. If the state of Georgia finds you guilty beyond a reasonable doubt and thereby convicts you of either first or second degree burglary, you will receive a sentence of one to twenty years of imprisonment.

False Imprisonment in Georgia

Georgia law defines false imprisonment in Georgia as “when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.” O.C.G.A. §16-5-41.

In order to be convicted of false imprisonment, the State of Georgia must prove that the accused person is guilty beyond a reasonable doubt by showing that he or she had the intent to confine the victim and that there were no reasonable means of escape. 

False imprisonment is a felony in Georgia. The penalty can include confinement for at least one year but less than ten years.

Also, if the victim was a child under 14 years old or if the imprisonment lasted for more than 12 hours, the accused person will be subject to increased penalties.

These are just two of the crimes reported that Mr. Grace is accused of committing. He is facing harsh penalties if found guilty beyond a reasonable doubt and convicted. 

If you or a loved one has been charged with a crime in Georgia, contact a Georgia Criminal Defense Lawyer today.