Burglary in Georgia 2024
What is Burglary in Georgia
In Georgia, burglary laws within O.C.G.A § 16-7-1 define this offense as the act of entering or remaining in a building, structure, vehicle, or railroad car with the intent to commit a felony or theft inside. There are different degrees and classifications of burglary based on various circumstances such as whether the building was inhabited, whether the accused was armed, or the alleged intrusion is deemed forcible entry (home invasion, etc.).
Related Charges
There are other terms you may hear when discussing types of burglary in Georgia. You may hear the terms: breaking and entering, forced entry, illegal entry, unauthorized entry, criminal trespassing.
Burglary in Georgia is often prosecuted as a felony. A conviction for a misdemeanor burglary charge can put you in jail, on probation, forced to pay fines or restitution, and left with a criminal record. A felony burglary conviction can force payment of fines and victim restitution, years of prison time, and a criminal record. It could also include probation or parole time.
Restitution, per Georgia O.C.G.A. 17-14-9, burglary victims may be entitled to financial compensation from a person convicted of burglary in Georgia. The Justia website has an article that speaks to the differences in restitution being separate from civil damages.2
The Federal View of Burglary
The FBI’s Uniform Crime Reporting (UCR) program compiles data which states use to create burglary laws. The FBI UCR website refers to burglary as, “To classify an offense as a burglary, the use of force to gain entry need not have occurred. The UCR Program has three subclassifications for burglary: forcible entry, unlawful entry where no force is used, and attempted forcible entry. The UCR definition of “structure” includes an apartment, barn, house trailer, or houseboat when used as a permanent dwelling, office, railroad car (but not automobile), stable, or vessel (i.e., boat, ship, etc.).” 1
I’m not really a criminal. I didn’t steal anything
You could be convicted of breaking burglary laws even if you had no criminal intent. If curiosity got the best of you, and you decided to explore an old abandoned house or barn – that’s grounds for a burglary charge. If you’re thinking of buying a house in a subdivision under construction and want to walk through a house under construction – you can be charged with burglary.
How Can a Lawyer Help?
If you’ve been arrested for burglary you need to know the severity of your situation, probable outcomes, and learn how a burglary defense lawyer can help you.
Depending on the facts of the case, a defense lawyer has several avenues to resolve the matter.
First, if there is clearly no criminal intent, your lawyer may be able to have the charges dismissed with a warning.
Second, if the case is relatively minor and not complicated with other charges, your lawyer may be able to get a burglary charge reduced to simple trespassing.
Third, if the evidence is clearly stacked against you and you have no prior felony convictions, there is a chance for special leniency. The First Offender Act in Georgia can minimize the punishment and allow you to walk away without a criminal record.
Fourth, your lawyer can negotiate a plea bargain or represent you in a jury trial.
Burglary Charges & Punishments
1st Degree Burglary
A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another.
A person who commits the offense of burglary in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for 1-20 years. Upon the second conviction for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment 2-20 years. Upon the third and all subsequent convictions for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for 5-25 years.
2nd Degree Burglary
A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, vehicle, railroad car, watercraft, or aircraft.
A person who commits the offense of burglary in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for 2-5 years.
Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for 1-8 years.
3rd Degree Burglary
Third degree burglary is a felony punishable by 5 to 20 years in prison, and up to $100,000 in fines.
Upon a fourth and all subsequent convictions for a crime of burglary in any degree, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld.
Other Burglary Laws & Offenses
Smash and Grab Burglary
A person commits the offense of smash and grab burglary when he or she intentionally and without authority enters a retail establishment with the intent to commit a theft and causes damage in excess of $500.00 to such establishment without the owner’s consent.
A person convicted of smash and grab burglary shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than 20 years, by a fine of not more than $100,000.00, or both; provided, however, that upon a second or subsequent conviction, he or she shall be punished by imprisonment for 5-20 years, and a fine up to $100,000.00, or both.
Home Invasion
Home Invasion in the First Degree
A person commits the offense of home invasion in the first degree when, without authority and with intent to commit a forcible felony therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein.
A person convicted of the offense of home invasion in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for life or imprisonment for not less than ten nor more than 20 years and by a fine of not more than $100,000.00.
Home Invasion in the Second Degree
A person commits the offense of home invasion in the second degree when, without authority and with intent to commit a forcible misdemeanor therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein.
A person convicted of the offense of home invasion in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine of not more than $100,000.00.
Possession of Burglary Tools
A person commits the offense of possession of tools for the commission of crime when he has in his possession any tool, explosive, or other device commonly used in the commission of burglary, theft, or other crime with the intent to make use thereof in the commission of a crime.
A person convicted of the offense of possession of tools for the commission of crime shall be punished by imprisonment for not less than one nor more than five years.
Burglary laws in Georgia are serious and anyone charged with burglary needs a good lawyer. If you’ve been charged with burglary, we invite you to contact us for a free consultation. Simply call 770-956-1400 to learn more.
CREDITS and FOOTNOTES
- 1 US DoJ, “Burglary”, September 21, 2020, Available from FBI UCR Website
- 2 Justia, “Restitution and Distribution of Profits to Victims of Crimes”, April 20, 2022, Available from Justia
- Photo by Rafael Classen, available at Pexels.com
Share This
