Brookhaven, Ga. - According to reports out of the the City of Brookhaven, a recently released felon broke into a local residence and approached a resident as she was in the shower.
The woman then screamed for her husband. The husband and the man struggled which resulted in the husband being stabbed in the eye. He then stabbed the husband in the stomach and fled the scene. He then attempted to enter another home in Village Point before he was arrested.
As a Georgia Criminal Defense Lawyer, I will outline the law behind the offense of burglary as it is outlined by Georgia Law.
Burglary in Georgia
Burglary in Georgia is defined by Georgia Law in O.C.G.A. §16-7-1 as:
First Degree Burglary: if a person enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, railroad car, watercraft, aircraft, or other such structure for use as the dwelling of another without authority and with the intent to commit a felony or theft therein.
Second Degree Burglary: if a person enters or remains in an occupied, unoccupied, or vacant building, structure, vehicle, railroad car, watercraft, or aircraft without authority and with the intent to commit a felony or theft therein.
Simply put, the difference between First and Second Degree Burglary according to the law is whether or not the structure was intended to be a dwelling or not. If the structure is a dwelling or a home, then you have committed first degree. If the structure is not a dwelling, then second degree.
Many people are under the misconception that the only crime that can be associated with burglary is some sort of subsequent theft crime. However, this is not true. A person can still be convicted of burglary if he or she had the intention of kidnapping, assault, or rape. Again, an individual does not have to take any personal property items to be convicted of burglary.
A person found guilty of first degree burglary will be convicted of a felony and will be punished by a prison sentence of one to twenty years. If you are convicted a second time, you will be found guilty of a felony and will be punished by a prison sentence for two to twenty years. For a third or subsequent conviction of burglary, you will be guilty of a felony and will face a prison term for no less than five and no more than twenty-five years.
The punishment if found guilty of second degree burglary is a prison sentence for a period from one to eight years.
The man in the story above is facing much more than burglary charges. If you or a loved one has been arrested, contact our offices now.