Georgia Man Surprises Family By Breaking in and Moving into their Home During the Holidays

Nathaniel Nuckols, a man from Canton, surprised a family in Cobb County when he allegedly broke into their home while they were out of town for the holidays. Nuckols changed the locks to the family's home and moved in. He approached the front door when they returned home and according to reports, he told them to leave and then threatened their safety.

After a SWAT standoff, Nuckols was arrested on charges of burglary, terroristic threats, and obstruction.

In today's post, I will outline the offense of burglary in the state of Georgia.

Burglary in Georgia

The Georgia code separates the offense of Burglary in Georgia into two separate degrees in O.C.G.A. §16-7-1.

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.

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

As a Georgia Criminal Defense Lawyer, I hear cases where people are confused as to why they have been charged with burglary because there was no theft committed. This is one of the number one misconceptions about the crime of burglary because you can be charged with burglary if there is an intent to commit any kind of felony within the structure.

If you or a loved one has been arrested for committing a crime in Georgia, contact our offices today.