Early this morning, a break-in at Southlake Mall resulted in two arrests after a brief police chase.
According to reports, two suspects pried open one of the service area doors and stole from five different kiosks inside the mall.
Once they realized that police had shown up, they took off running. They were quickly apprehended by the officers' K9 unit.
They are both facing six counts of burglary and a couple of counts of obstruction in Georgia.
As a Georgia Criminal Defense Lawyer, I will expand on the law behind burglary in today's post.
Burglary in Georgia
Burglary in Georgia is defined in the Georgia Code in O.C.G.A. §16-7-1 by a separation into two different degrees. The law is as follows…
First degree burglary is outlined by 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 outlined by 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
Regardless of the degree, burglary is always classified in Georgia as a felony offense. Georgia Felony Penalties are serious and should not be faced without adequate representation.
If you or a loved one has been arrested for a crime in Georgia, contact a Georgia Criminal Defense Attorney now.
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