Burglary in the first degree in Georgia is the crime of entering into or remaining in an occupied, unoccupied, or vacant dwelling of another with the intent of committing another felony crime or a theft once inside. A first-time conviction of burglary in the first degree has a punishment one to 20 years in prison.

What Is Burglary in the Second Degree in Georgia?

In Georgia, burglary in the second degree is the unlawful breaking and entering into or remaining in an occupied, unoccupied, or vacant structure, vehicle, watercraft, railroad car, aircraft, or building. The breaking and entering or unauthorized remaining in the place is done with the intent to commit a felony or theft once inside.

What Is the Difference between First and Second Degree Burglary in Georgia?

Under Georgia law, first degree burglary focuses on the breaking and entering into another person’s dwelling. In Georgia, a dwelling can be any occupied, unoccupied, or vacant place an individual resides, regardless of whether their residence is a building, a car, an aircraft, a watercraft, a railroad car, or other structure. Second degree burglary focuses on unlawfully breaking into or remaining in any location that is not used for a dwelling, such as a commercial or business property.

What Are Some Defenses to Burglary in the Second Degree?

The exact burglary defense that a person may use depends on the facts of their case. However, common defenses include:

  • Entry into or remaining in the building or structure was lawful
  • Lack of intent to commit a crime after entering into or remaining in a building or structure
  • Duress
  • Insanity

What Is the Punishment for Burglary in the Second Degree?

In Georgia, burglary in the second degree is a felony. The punishment for a first conviction of burglary in the second degree is one to five years in prison. Any subsequent convictions of burglary in the second degree come with the punishment of imprisonment for one to eight years.

Do I Need a Lawyer for My Burglary Charge?

If you are facing a burglary charge in Georgia, immediately contact a Georgia lawyer. They will be able to advise you of your legal options.