According to reports out of Henry County, a family returned home to find their fridge empty and their lawn mower stolen. Neighbors were able to capture a man breaking into their house on their security cameras. The man can be seen breaking into the home through their back door. The surveillance cameras within the home captured the man making himself a sandwich before leaving the home.
As a Georgia Criminal Defense Lawyer, I will outline the law that encompasses the criminal offense of burglary. Burglary covers many more behaviors than most people think.
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
Apparently this burglary incident is the latest of a string of burglaries in the area. Obviously - burglaries and break-ins are very serious invasions of privacy and property. However, just because a person has been accused or arrested, does not mean that that person is guilty of that offense.
If you or a loved one has been arrested, contact our offices today.
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