Burglary is one of the most serious felony charges in Georgia. Even a first-time conviction usually means incarceration as well as lengthy court supervision. A burglary charge also has severe collateral consequences. In many cases, these collateral consequences remain long after the charge and sentence are in the rear-view mirror.
As outlined below, the potential outcome depends heavily on the degree of burglary, the type of property involved, prior convictions, the evidence, and the circumstances of the alleged offense.
Under Georgia law, burglary generally involves entering or remaining in a building or dwelling without authority and with the intent to commit a felony or theft inside. Importantly, the prosecution does not necessarily have to prove that the intended theft or felony was actually completed.
Most “burglars” aren’t masked men who break into strangers’ houses and crack safes. They’re regular people who get in over their head and desperately need assistance from a Marietta criminal defense lawyer.
Is Burglary a Felony in Georgia?
Yes. Both first-degree and second-degree burglary are felonies under Georgia law. The degree of burglary doesn’t affect the collateral consequences too much. People generally believe that criminal offenders are homogenous. First-degree burglary is just as bad as second-degree burglary, just like indecent exposure is just as bad as unlawful sexual contact.
First-Degree Burglary in Georgia
This charge generally applies when someone unlawfully enters or remains in a dwelling—such as a house or other structure intended for residential use—with the intent to commit a felony or theft.
A first conviction, Georgia means between 1 and 20 years behind bars. A second conviction carries a potential range of 2 to 20 years, while a third or subsequent conviction carries 5 to 25 years.
Typically, judges sentence burglary defendants to long prison sentences. These defendants are usually eligible for parole after they serve about a third of their time. Then, the aforementioned court supervision begins.
This supervision has so many conditions that a return trip to jail is almost inevitable, unless a Marietta criminal defense lawyer continually advocates for the defendant.
Second-Degree Burglary in Georgia
Second-degree burglary generally involves unlawfully entering or remaining in a commercial building, structure, railroad car, watercraft, or aircraft with the intent to commit a felony or theft.
For a first conviction, the statutory punishment is 1 to 5 years in prison. For a second or subsequent conviction, the penalty range increases to 1 to 8 years.
At common law, defendants could only commit burglary at night. Daytime “burglary” was a lesser offense. Some states still include this provision, but Georgia omits it.
Can You Go to Prison for Burglary in Georgia?
Not necessarily. A criminal charge is an allegation, not a conviction. The ultimate result can depend on the strength of the evidence, the specific facts, the defendant’s criminal history, and how the case is resolved. Possible outcomes can include:
- Dismissal of the charge,
- Acquittal at trial,
- A negotiated plea,
- Probation or another non-prison sentence in appropriate circumstances,
- A prison sentence, or
- Different or reduced charges.
The statutory sentencing range means a certain sentence is available. It does not mean a particular defendant will receive such a sentence.
How Prior Convictions Affect a Georgia Burglary Charge
Prior convictions, for burglary or non-burglary offenses, can significantly change the potential consequences.
As discussed above, Georgia’s burglary statute specifically increases the punishment for repeat burglary convictions. In addition, Georgia’s broader recidivist sentencing laws can affect sentencing when someone has prior felony convictions.
Conversely, someone with no criminal history is in a substantially different position from someone with several previous felony or burglary convictions.
That’s especially true if a Marietta criminal defense lawyer highlights external circumstances, such as a drug problem or association with questionable individuals, that contributed to the crime and has since ended.
Everyone, including judges and jurors in Cobb County criminal cases, loves a good comeback story. That narrative, if available, often significantly reduces punishment in these cases.
What Must Prosecutors Prove for Burglary in Georgia?
For a standard burglary prosecution, the state generally must establish the elements of the offense beyond a reasonable doubt.
Mens Rea (criminal intent) is a key element in burglary cases. Simply being accused of entering a property without permission does not automatically establish burglary.
Georgia case law recognizes that an unauthorized entry alone is insufficient. The state must produce sufficient evidence supporting the required intent to commit a theft or felony inside. Evidence on this point includes:
- Witness Testimony: If Joe was having problems with his girlfriend, jurors may conclude that he broke into her car to plant a tracking device, not to look for his lost keys.
- Text Messages: These messages often contain damning information. However, these messages must also be properly authenticated. Otherwise, they’re inadmissible in criminal court.
- Possession of Property Allegedly Taken During the Incident: If Paula has Tim’s stereo in her garage, her Marietta criminal defense lawyer must usually convince jurors that Tim voluntarily gave it to Paula.
- Entry Method: Burglars usually don’t walk through the front door in front of God and everybody. Instead, they usually sneak in through a back or side door. Such entry indicates criminal intent.
Other evidence in burglary cases includes surveillance footage fingerprints, DNA, statements allegedly made by the defendant, and cellphone or other location evidence.
What Happens After a Burglary Arrest in Georgia?
The process can vary, but a Georgia burglary case may involve an arrest, an indictment or accusation, discovery, pretrial motions, plea negotiations, and potentially a trial.
Arrest usually means jail release. Typically, pretrial release (own recognizance release) is unavailable in felony cases and bond amounts are too high for cash bonds. So, a Mariette criminal defense lawyer works with a bonding agency to obtain a bail bond.
Violating the conditions of release, such as skipping town or catching a new case, usually leads to the issuance of an arrest warrant.
The indictment or information formally launches judicial proceedings. Usually, grand juries issue indictments and prosecutors file informations. The grand jury indictment requirement in the Constitution only applies to federal cases. Because the process is simpler, informations are much more common than indictments in state court.
Discovery, or information exchange, is limited in many jurisdictions, unless the judge grants a Marietta criminal defense lawyer’s discovery request. Other pretrial motions include motions to exclude evidence and motions to dismiss.
The judge may dismiss the case if the defendant had authority to enter, the state cannot establish intent, evidence is inadmissible, or the charging documents don’t properly allege the offense?
Plea negotiations resolve over 90 percent of the criminal cases in Georgia. Usually, a plea agreement features a reduced sentence and/or reduced charges.
A burglary charge is bad news in Georgia. For a free consultation with an experienced criminal defense attorney in Marietta, contact the Phillips Law Firm, LLC. The sooner you reach out to us, the sooner we start working for you.
Frequently Asked Questions About Burglary Charges in Georgia
Is Burglary Always a Felony in Georgia?
Yes. Georgia classifies both first-degree and second-degree burglary as felony offenses. However, the potential punishment differs depending on the type of property involved, prior burglary convictions, and other circumstances.
First-degree burglary generally involves a dwelling or other place designed for residential use, while second-degree burglary generally involves other buildings, structures, vehicles, railroad cars, watercraft, or aircraft covered by Georgia’s burglary statute.
What Is First-Degree Burglary in Georgia?
First-degree burglary generally occurs when someone enters or remains in a dwelling without authority and with the intent to commit a felony or theft inside.
A dwelling can include a house or another structure designed for use as a residence. The State must prove more than unauthorized entry. Prosecutors must also establish the required criminal intent.
What Is Second-Degree Burglary in Georgia?
Second-degree burglary generally involves entering or remaining without authority in certain non-residential buildings, structures, railroad cars, watercraft, aircraft, or similar locations with the intent to commit a felony or theft inside.
Second-degree burglary is still a felony, even though its potential punishment is generally lower than that for first-degree burglary.
How Much Prison Time Can You Get for Burglary in Georgia?
For a first conviction, first-degree burglary carries a potential prison sentence of one to 20 years. The statutory sentencing range increases for subsequent first-degree burglary convictions.
A first conviction for second-degree burglary carries a potential sentence of one to five years. Repeat convictions can result in enhanced penalties.
The statutory range does not mean every defendant receives the maximum sentence. The actual outcome can depend on the circumstances of the offense, criminal history, evidence, available defenses, and how the case is resolved.
Can You Be Charged With Burglary If Nothing Was Stolen?
Yes. A completed theft is not required for a burglary charge in Georgia.
The State generally must prove that the defendant entered or remained in the property without authority and did so with the intent to commit a felony or theft inside. Therefore, someone can potentially face a burglary charge even when nothing was ultimately taken.
The defendant’s intent at the time of the alleged entry can consequently become one of the most important issues in the case.
Is Breaking and Entering the Same as Burglary in Georgia?
Not necessarily. Burglary involves more than simply entering property without permission.
Georgia’s burglary law generally requires prosecutors to establish that the defendant entered or remained without authority and intended to commit a felony or theft inside. An unauthorized entry without the required criminal intent may raise other legal issues, but it does not automatically establish burglary.
Burglary Defense in Cobb County and Northwest Georgia
A burglary charge can have consequences that extend far beyond a potential prison sentence. If you are facing burglary charges in Cobb County, Bartow County, Cherokee County, or Paulding County, the specific allegations, evidence, criminal history, and circumstances surrounding the alleged entry can significantly affect the case.
A Georgia criminal defense attorney can examine whether prosecutors can prove unauthorized entry and criminal intent, challenge questionable evidence, evaluate possible constitutional violations, and determine whether dismissal, reduced charges, a negotiated resolution, or trial may be appropriate.
