Suspect Shot in Leg During Attempted Burglary in Georgia

A suspect was shot in the leg after allegedly attempting to break into a house in Gwinnett County.

The homeowner was in the bedroom of the house when he heard someone breaking in. The man grabbed a gun and ran to where he heard the noises. He fired two shots and found a man with a gunshot wound to the leg. He then called 911 and authorities came to the scene.

As a Georgia Criminal Defense Lawyer, I will outline the offense of burglary as this is the charge the man who was shot in the leg was arrested for after he was treated at a local hospital.

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

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