Two brothers as well as a 14-year-old boy have been arrested as a result of a burglary in Georgia. Athens-Clarke County reported that all three of them also had warrants out for their arrest for entering auto as well.
Burglary and entering auto are very similar offenses according to Georgia Law. As a Georgia Criminal Defense Attorney, I will outline the offense of entering auto in today's post.
Entering Auto in Georgia
Entering Auto in Georgiais defined by the Georgia Code as:
If any person shall enter any automobile or other motor vehicle with the intent to commit a theft or a felony, he shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for no less than one nor more than five years, or in the discretion of the trial judge, as for a misdemeanor. O.C.G.A. §16-8-18.
Entering auto is classified as a felony in Georgia. The penalty is a prison sentence for no less than one year and no more than five years.
There are situations in which the judge can use his or her discretion and charge the crime as a misdemeanor instead of a felony. This may pass over Georgia Felony Punishments, but misdemeanor penalties are harsh as well . You may only have to pay a fine, but then you may also face up to 12 months in jail.
The Court may also order restitution. Restitution is best described as when someone convicted of a crime must financially compensate a victim or the victim's family. The amount of compensation varies with each case and is set by the court.
As a Georgia Criminal Defense Lawyer, it is always important for me to point out that just because someone has been arrested or that a warrant has been issued that the individual is guilty of committing the alleged crime.
There are plenty of Georgia Criminal Defenses that apply in the case of a wrongful accusation of entering auto. If you or a loved one has been arrested, contact our offices today.