Georgia Authorities Searching for Alleged Burglar in Gwinnett County

Authorities in Gwinnett County have been searching for a man who broke into New Church of Atlanta and stole electronics.

The burglary was reported by church officials on March 18. The suspect was caught on security cameras. His picture has been released by police, and they are asking for anyone with information to come forward.

As a Georgia Criminal Defense Lawyer, I will cover the law behind the crime of burglary in the state of Georgia - also known as breaking and entering.

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

These situations can end with wrongful arrests sometimes. Especially when it rests on eyewitnesses or someone recognizing a grainy picture from a security camera. This is where we come in - we can help with your case if you have been arrested in Georgia. Call now.