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Burglary is a serious crime that often results in felony charges. Defendants face possibly years in prison, as well as other serious penalties if convicted. Anyone dealing with burglary charges needs a Carrollton criminal defense lawyer in their corner who can review the evidence and determine the best way to proceed. It is possible to beat a burglary charge, but you should hire an experienced attorney. Call Moffitt Law, LLC today to schedule a free consultation.
What is Burglary?
Burglary consists of two elements: (1) unlawfully entering a structure (2) with the intent to commit a felony or theft within. (Georgia Code § 16-7-1.)
An unlawful entry means that the defendant did not have permission to enter or stay in the structure, which can be a residence, building, or even a vehicle. Often, a person breaks in by smashing a window or breaking down a door, but force is not required. For example, a burglar might enter an open window on the first floor of a home at night. The key consideration is whether the defendant had permission to enter.
The second element is an intent to commit a felony or theft once inside. The illegal entry is not sufficient for a burglary charge. Instead, a burglar intends to commit some other serious crime once inside, such as assault or theft. The intent is sufficient; there is no requirement that the defendant actually accomplish this crime once they enter.
Degrees of Burglary
Georgia classifies burglary by degree and sets penalties based on the severity of the crime.
First Degree Burglary Georgia
This is the most serious burglary charge. First-degree burglary consists of entering or remaining in a dwelling without permission. Most often, first-degree burglary is charged when a defendant enters someone’s home, regardless of whether it is occupied.
However, a dwelling is any structure designed or intended for occupancy as a residence. A defendant can also face first-degree burglary charges if the building, vehicle, or craft is designed for use as a dwelling. For example, a defendant can face first-degree charges for entering a camper, since it is designed to house people.
First-degree burglary is a felony. A defendant faces 1-20 years in prison for a first-time offense. Other penalties include fines and possible restitution to the victims.
Burglary 2nd Degree Georgia
Burglary in the second degree consists of entering or remaining within a building or vehicle that is not designed as a dwelling. For example, a defendant could break into a garage or someone’s shed. A shed is not designed for someone to live in, so this is a second-degree charge.
Penalties include 1-5 years in prison for a first-time offense, as well as fines and possible restitution to victims.
How to Defend Against Burglary Charges
Facing any type of felony is terrifying. Defendants often worry about being away from their families, and a conviction could keep them behind bars for years.
At Moffitt Law, our Carrollton, Georgia, criminal defense attorney is committed to offering a zealous defense to his clients. Our belief is that the best defenses are those with a strong foundation in the evidence.
Depending on the facts, we might argue any of the following:
- You lacked intent to commit a crime once inside. If you did not intend to commit a felony or theft, then you cannot face burglary charges. For example, a homeless person could break into a shed to get warm for a few hours. They might face trespassing charges, but should not be charged with burglary.
- You had permission to enter or stay. The property owner could have given express or implied permission for you to enter the property or stay. Consequently, you cannot face burglary charges.
- There is reasonable doubt that you committed the crime. There might be legitimate questions about who entered the property or whether they intended to commit a crime. The jury would have to find someone not guilty if they have any reasonable doubt.
- The police or prosecutor committed constitutional violations. The police might have collected evidence without a warrant or interrogated you without giving Miranda warnings. We can ask a judge to keep incriminating evidence out of court and push for a dismissal of charges.
Connect With a Carrollton, Georgia Criminal Defense Lawyer
Burglary is a major crime, so anyone facing charges should mount the strongest defense possible. Reach out to Moffitt Law, LLC in Carrollton, Georgia. Our firm is committed to helping criminal defendants keep their freedom. We have the experience defendants need when facing any type of felony offense. Contact our office to schedule a free consultation.
