Georgia Landscaping Business Burglarized and Robbed

Tim Malin, the owner of Total Tree Solutions in McDonough, discovered that his business was robbed of all of its landscaping equipment when he went into work.

Fortunately, the business has surveillance videos, and the footage shows, two men using bolt cutters to break into the garage area and leaving with the equipment. So far no one has been arrested for the crime, but it is estimated that up to $20,000 worth of equipment was taken.

Burglary in Georgia is broken down into two different degrees, and as a Georgia Criminal Defense Lawyer, I will outline the laws behind both degrees of burglary in today's post.

First Degree Burglary in Georgia

First Degree Burglary in Georgia is defined in O.C.G.A. §16-7-1 (b) 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. 

Second Degree Burglary in Georgia

Second Degree Burglary in Georgia is defined in O.C.G.A. §16-7-1 (c) 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.

Practice Note

As you can see from the cited laws above - both degrees of burglary are classified as felonies in Georgia. The only difference being the type of structure that has been broken into and the severity of the punishment.

No matter what - felony penalties in Georgia should never be taken lightly. If you or a loved one has been arrested for committing a crime in Georgia, contact a Georgia Criminal Defense Attorney today, and we can help you to better understand your options. Contact us now.