Lawrenceville Burglary Lawyer

Lawrenceville Burglary Attorney

In Georgia, burglary is a serious criminal offense. If convicted, a person can face serious consequences, including prison time. We know that facing these types of charges can be a life-changing experience, significantly altering your life. The attorneys at The Fleming Firm can help. If you are facing burglary charges, a Lawrenceville burglary lawyer can help.

Why Choose Lawrenceville’s The Fleming Law Firm?

We understand how much a burglary charge can affect your life. We can create a strategy that is specific to you and your situation. We can do all the research and look at all the evidence for you to build the appropriate defense for you. We will fight for you and ensure that your rights are protected during this process. We will make sure the law is understandable to you and that you understand the charges against you and your options regarding potential outcomes.

What Is Burglary?

In Georgia, an act is considered a burglary if a person enters a structure without authorization, permission, or consent with the intention of committing theft or another felony, such as entering someone’s home with the intention of assaulting them. Some examples of places where burglaries occur include:

• Home invasion, either through breaking in or through unlocked doors
• Commercial burglaries, such as a store or office
• Breaking into a car

Crimes that fall under the category of burglaries include:

• Attempted burglary, even if caught before the burglary is completed
• Breaking into an unoccupied residence, such as a person’s vacation home
• Employee theft, such as using a person’s keys after hours to break into their place of employment to steal money or items
• Complex burglary plans, such as planning to burglarize a string of homes in the same night with a detailed plan to avoid detection

In order for a burglary to occur, a person does not necessarily have to use forced entry. The entry just has to be unlawful, even if they were previously welcome on the premises, such as remaining in a store after it has closed.

A person also does not have to actually commit a crime while unlawfully on the premises in order for a legally defined burglary to occur. They only must have the intent to do so. This is usually proven with evidence to support the claim.

For instance, let’s say a person has broken into someone’s home in Lawrenceville but ran away before stealing anything because the homeowner returned home. However, the homeowner noticed the offender going through his belongings before he fled. This is reasonable to believe that the offender had the intention of committing a crime.

Penalties for Burglary in Georgia

In Georgia, burglaries are considered either home invasions, first-degree burglaries, or second-degree burglaries. Burglaries are typically considered felonies. Generally speaking, a home invasion is the most serious charge. This includes entering premises intended for residential use when someone is present with the intention to use force while using a weapon that can cause bodily injury.

Depending on the severity of the home invasion and the force used, penalties could range from five years to life in prison and fines of up to $100,000.

A first-degree burglary occurs when a person enters a residential establishment with the intent to commit a felony. Penalties for this include imprisonment of up to 20 years. Second-degree burglary charges cover all establishments, including non-residential ones, with the intent to commit a felony. Penalties range depending on whether it is a first or second offense.

Evidence Used in Burglary Cases

In many cases, proving intent in a burglary case is using circumstantial evidence because it is tough to prove what a person was thinking at the time of a crime, especially without a confession. The prosecution will use this circumstantial evidence to help prove their claim:

• Confession. The defendant confesses their intent to burglarize an establishment.
• Circumstantial evidence. The prosecutor will use circumstantial evidence to make their point. For instance, if a person breaks into their employer’s office in the middle of the night, having broken a window, climbed in, and were caught on camera trying to pry open a safe, it would be tough for a jury to conclude that the employee came in for another reason other than to burglarize the office.
• Prior convictions. If a defendant has other burglary convictions, this will be presented in court to help prove the crime happened. However, this is not always admissible in court, depending on the intent and circumstances.

FAQs

Q: How Long Do You Go to Jail for Burglary in Georgia?

A: The length of time a person goes to jail for burglary in Georgia depends on a number of factors. It will depend on the severity of the crime, whether violence was involved, and whether it is a first, second, or subsequent offense. The amount of jail time will also depend on whether it is considered a first or second-degree burglary. A first-degree burglary generally carries longer jail time than a second-degree burglary.

Q: Can You Get Probation for Burglary in Georgia?

A: It is possible to get probation for burglary in Georgia, but it depends on the circumstances surrounding the crime. Factors that will be taken into consideration include the severity of the crime, the criminal history of the offender, and the discretion of the judge. First-time offenders are more likely to receive probation than repeat offenders.

Q: How Much Does a Criminal Lawyer Cost in Georgia?

A: The cost of a criminal lawyer in Georgia depends on a number of factors, including the complexity of the case and the way the lawyer charges. Some lawyers charge by the hour, some charge a flat fee, and others charge a retainer fee. It is recommended to discuss costs with your lawyer as well as any potential additional costs.

Q: What Is the Sentence for Burglary in the First Degree in Georgia?

A: The sentence for burglary in the first degree in Georgia is between one and twenty years in prison, depending on the circumstances and the judge’s discretion. If a person has a second conviction of first-degree burglary, the penalty is 5-25 years in prison. A first-degree burglary occurs when a person enters a residential dwelling with the intent to either commit theft or another felony, such as assault.

Contact The Fleming Firm Today

If you are facing burglary charges, The Fleming Firm can help. Contact us today for more information.