Traditionally in Atlanta, burglary was defined as breaking and entering into a home at night with the intent to commit a felony inside. Today, Georgia law – along with that of many other states – has done away with some of these requirements. A person commits burglary by entering (or remaining) in a building or vehicle without permission and with the intent to commit a felony inside (a crime punishable by time in prison),
In Atlanta, it is crime, called burglary, to enter into a home, building, or vehicle with the intent to commit a crime inside. Residential burglary, sometimes called home invasion burglary, carries very stiff penalties, and can be punished by up to life imprisonment.
In order to be convicted of burglary, the defendant must enter (or remain) in the building without permission. This can include going into a portion of the building that is generally closed to the public, such as an employee break room in a store. However, a person who goes into an “open house” in a house that is for sale and steals a piece of furniture does not commit burglary (only theft), because open houses are generally open to the public.
The crime of burglary occurs as soon as the defendant enters the building or vehicle with the intent to commit theft or some other crime, even if the intended felony or theft never occurs. For example, a burglar who sneaks into a home but runs away as soon as the homeowner returns and does not take anything, has still committed the crime of burglary. Of course, if the theft or other crime is completed, then additional charges can be filed.
A burglary conviction can result in a prison sentence of up to 20 years. If you have one or more prior convictions, you could be facing a mandatory minimum sentence of at least five years in prison. Even incomplete alleged burglary attempts can result in a long prison sentence depending upon the severity of the intended criminal act. In order to ensure that you receive just and fair treatment and that your case is resolved to the most favorable
If you or someone you know has been arrested on a Atlanta Burglary Charge, you are going to need a Atlanta Criminal Defense Lawyer. Contact the Howard Law Group ASAP.