Gainesville, Ga. - A suspect from a restaurant burglary in July has been arrested in Gainesville. According to authorities, the man broke into the restaurant and stole money. What makes the incident strange is that the man allegedly lit money on fire and stuffed it in the sinks and toilets of the restaurant bathrooms during the burglary.
No other details have been released as of right now, but as a Georgia Criminal Defense Lawyer, I will outline the law behind the offense of burglary in today's post.
Burglary in Georgia
Georgia Law defines burglary in Georgia in O.C.G.A. §16-7-1. The offense of burglary is differentiated by two different degrees. Even though there are two different degrees, both are classified as felonies.
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.
The difference between first and second-degree 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.
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.
Call our offices today if you or a loved one has been arrested for a crime, call a Georgia Criminal Defense Attorney today.