Burglary is generally defined as the unlawful entry into a dwelling or structure with the intent to commit another crime thereafter. Under the original common law definition of burglary, the crime could only happen at night. However, all states have updated their laws so that burglary can occur at any time of day. Another change to many burglary laws is that the crime no longer needs to involve breaking and entering. Instead, burglary can happen when a person is allowed to legally enter into a building or structure, but they remain inside beyond the time that they are allowed to be there.
According to Georgia law, burglary in the first degree is breaking entering into or remaining in a vacant, occupied, or unoccupied:
The person remains in or enters into the property without authority and with the intent to commit a theft or a felony, such as rape or kidnapping, once inside.
A dwelling refers to any building, structure, or portion of a building or structure designed or intended to be occupied for residential use.
No. Robbery is taking personal property owned by someone else without the owner’s permission and with the intent to permanently deprive the owner. The uses violence or threat of violence to achieve the taking. Burglary does not require violence or the threat of violence, nor does it need to involve taking something belonging to another person. However, the two crimes can be connected if the perpetrator commits a robbery once they break and enter into or remain in a building or structure, thereby committing both a burglary and a robbery with the same set of actions.
Burglary in the first degree is a felony crime in Georgia. The criminal sentence for a first conviction of burglary in the first degree is one to 20 years in prison. A second conviction of burglary in the first degree is two to 20 years in prison.
The first step you should take after being formally charged with committing burglary in the first degree is to consult with legal representation. Contact a Georgia lawyer immediately for more information about defenses you can use against your charge.
Last Modified: 12-07-2016 04:04 PM PSTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.