Gwinnett Man Convicted of Burglary and Rape After 2018 Attack

A man in Gwinnett County is facing some serious prison time.

Christopher Freeman was convicted this past week of the following charges:

• Rape in Georgia
• First Degree Burglary in Georgia
• Aggravated Assault in Georgia
• Robbery in Georgia

The Gwinnett County District Attorney's Office stated that the victim was a singly mother of a 7-year-old boy.

As a Georgia Criminal Defense Lawyer, I will outline one of the offenses that Freeman was convicted of last week - burglary in Georgia. Most people believe that burglary is the breaking and entering into any dwelling at night with the intent to commit a felony therein. However, many states have amended their statutes 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 at any time of day.

Burglary in Georgia

Burglary in Georgia is defined by the Georgia Code in O.C.G.A. §16-7-1. Burglary can be charged in different degrees according to the severity of the crime.

First degree burglary is defined in the first part of the law 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 is defined in the second part of the law 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

As you can see from the law above, burglary is always considered a felony offense in Georgia. Georgia Felony Punishments do not only consist of prison time and fines. A felony conviction changes a person's life - making it difficult to gain employment and resulting in the loss of rights.

If you or a loved one has been arrested, contact a Georgia Criminal Defense Attorney today.