Burglary in the second degree is the crime of unlawfully breaking and entering into or remaining in any building or structure that is not being used as a dwelling with the intent to commit a felony or theft while inside. The property does not have to be occupied at the time of the commission of the crime. Since the property that is being broken into is generally not residential in nature, second degree burglary typically involves commercial or business property, such as an office building.
What Is Burglary in the First Degree According to Georgia Law?
The crime of burglary in the first degree is the unlawful breaking and entering into or remaining in the dwelling, or residential property, of another with the intent to commit either a theft or a felony therein. The residential property may be occupied, unoccupied, or vacant. The property does not need to be a house for it to be a residential dwelling. For the purposes of burglary in the first degree, Georgia includes the following structures as potential residences under its definition of a dwelling:
- Railroad car
- Other such structure designed to be used as a dwelling
What Is the Punishment for a Third Conviction of Burglary in the First Degree in Georgia?
Like first and second convictions of first degree burglary, a third conviction of this degree of burglary is a felony in Georgia, as are all subsequent convictions following the third conviction. Any conviction of burglary of the first degree after the second conviction is punishable by five to 25 years in prison.
Should I Contact a Lawyer?
You need to contact a Georgia criminal lawyer immediately if you are facing a third charge for burglary in the first degree. They will be able to inform you of your rights and any defenses that may be available.