Georgia Criminal Defense Lawyer Blog
In Georgia, burglary is characterized as the illegal entry or staying within a building with the intention to carry out a felony or robbery inside.
Important points: This theft crime can occur without breaking in – entering through an unlocked door without permission is still illegal.
A burglary happens when someone goes into a place planning to commit a crime, such as theft or a felony. This is true even if they don’t actually go through with it. Robbery is taking something from a person using force or threats. Prosecutors typically prosecute both charges as felonies in Georgia.
Burglary doesn’t need people or force, while robbery involves violence and confronting victims directly. It also can occur as an unlawful entry into unoccupied structures, while robbery requires the presence of a victim. Burglary is when someone breaks into a building to commit a crime or steal. Robbery is when someone steals from another person directly.
In Georgia, there are different levels of burglary. First-degree burglary involves entering a home or vehicle used as a home without permission and with criminal intent.
Difference between burglary and robbery. Robbery is considered a violent crime. This is true even if no physical harm occurs. The victim’s feeling of fear for their safety is what makes it violent.
In short, burglary occurs when someone breaks into a building with bad intentions (property crime), while robbery charges involve taking someone’s belongings by force or threats. Both crimes are serious and have severe consequences. However, they differ in their methods and the extent of contact with victims.
Is Burglary a Felony in Georgia? First-Degree Burglary Definition
Georgia considers first-degree burglary a felony offense, and it entails the illegal act of entering or staying in a residence (whether it’s occupied, unoccupied, or vacant) with the intention of carrying out a felony or theft inside. A conviction imposes the following penalties on a first conviction burglary charge:
- Imprisonment for not less than 1 year and not more than 20 years.
- Court Fines
- Restitution to the victim(s)
- Probation (in addition to or instead of imprisonment, depending on the case)
- A permanent criminal record, which can affect future employment and housing opportunities
If later you are arrested on a theft charge and found guily again, your jail time increases to between 5 years and 20 years. On a 3rd or subsequent conviction the prison sentence is between 5 years and 25 years. These are sentences that judges must give at least the minimum punishment required by law. The sentence length will vary based on factors like the crime, the defendant’s history, and any additional factors.
Also, the law stipulates that for a fourth and any following convictions for burglary of any level, “the declaration of guilt or enforcement of sentence shall not be postponed, put on probation, delayed, or withheld”. This means that for repeat offenders, there is no possibility of alternative sentencing options like probation or deferred sentencing. Georgia does not have a classification called aggravated burglary.
If you are accused of first-degree burglary in Georgia, it is crucial to speak with a criminal defense attorney at Kohn & Yager. This will help you understand your rights and explore potential defense strategies. This is necessary because first-degree burglary charges can lead to severe consequences. It is also important to know the definitions of burglary vs theft, larceny vs burglary, and robbery vs burglary.
After being convicted of burglary four times, the guilty person cannot delay their punishment or be put on probation. The law is clear about this consequence. The guilty person must face their punishment without any delays. Probation is not an option for someone convicted of burglary four times.
In Georgia, first-degree and second-degree burglary have different penalties and potential prison sentences. Below is a detailed comparison.
Second-Degree Burglary
Second-degree burglary involves unlawfully entering or remaining in a building, structure, railroad car, watercraft, or aircraft (not designed for use as a dwelling) with the intent to commit a felony or theft crime therein. The prison time for a first conviction are no less than 1 year and not more than 5 years.
A second or more conviction means imprisonment for not less than 1 year and not more than 8 years.
There are key differences between first and second degree burglary:
Severity of Penalties: First-degree burglary carries harsher penalties, including a maximum sentence of 25 years in prison for repeat offenders. In contrast, second-degree burglary has a maximum sentence of 8 years.
Type of Structure: First-degree burglary is when someone breaks into a home (home invasion). Second-degree burglary is when someone breaks into a structure with the intent to steal that is not a home.
Repeat Offenses: If you commit first-degree burglary more than once, the penalties will be harsher. This is because breaking into someone’s home is a serious crime.
First-degree burglary in Georgia is punished more severely than second-degree burglary. This is because it is considered a greater threat to safety and property. This is especially true when a deadly weapon is involved.
A top-rated Atlanta criminal defense lawyer knows the latest Georgia burglary laws in Georgia and will explain all of your charges in a private free consultation and one of our 4 Atlanta-area law offices. Call Larry Kohn or Cory Yager at (404) 567-5515 to start fighting back against the state of Georgia.