Atlanta Burglary Lawyer

Even though it is not a violent crime, burglary is a serious criminal allegation because it is inherently threatening. Many people believe that no one enters a building without permission with good intentions. The potential for violence is always there, both by the perpetrator and intended victims. Therefore, someone accused of burglary could face substantial criminal penalties.

When you are a suspect in a burglary case, you need to contact an attorney as soon as possible. We could speak to law enforcement and get information about your charges. A criminal defense attorney could also learn more about the evidence, which could help us plan your defense and potentially get your charges mitigated or dismissed. Giving professional guidance and advice is the primary function of an Atlanta burglary lawyer.

How The State Defines Burglary

Georgia Code § 16-7-1 defines burglary as entering or remaining in buildings, dwellings, and some vehicles intending to commit a felony or theft. The unlawful presence in the building is at the heart of the burglary charge, not how someone gained entry to the building.

Under the statute, there are two types of buildings — those intended as or used as dwellings and those not used as dwellings. It is first-degree burglary to enter or remain in a house, building, vehicle, watercraft, aircraft, railroad, or similar structure that is designed as a dwelling. It does not matter if the dwelling is occupied or unoccupied. In fact, the dwelling can even be vacant. As long as the structure is some type of residence, it can support a first-degree burglary charge.

It is second-degree burglary to enter other structures that fit the same category. The only difference between second-degree burglary and first-degree burglary is that the state does not have to prove that the structure was used — or was intended to be used — as a dwelling. This difference is substantial, though. The maximum sentence for second-degree burglary is five years, while the maximum sentence for first-degree burglary is 20 years.

When the evidence of a burglary charge is substantial, an Atlanta attorney may recommend exploring plea options. Since the maximum sentence for second-degree burglary is one-fourth of the maximum sentence for first-degree burglary, it can be an essential defense strategy. Unless the state has substantial evidence of guilt, exploring a plea bargain may not be the best strategy.

Multiple Burglary Convictions

The state aggressively approaches habitual criminals, prohibiting the court from deferring, probating, suspending, or withholding adjudicating guilt or imposing a sentence after a fourth conviction. Escaping punishment for a first or second burglary offense is possible, but it is not likely for later offenses. Therefore, the more extensive the criminal history, the more critical it is for someone to get the help of an attorney.

The state’s anti-recidivism statutes can also impact the potential outcome. Under those laws, the court will consider a defendant’s entire criminal history. In those scenarios, a lawyer in Atlanta may work with the state to get a reduction of the burglary charges against their client.

Consult a Burglary Attorney in Atlanta

Burglary charges can come with serious criminal consequences. Additionally, since they require proof that the person either entered or remained to commit theft or a felony, they often accompany other criminal charges. Trying to handle them on your own is a terrible idea and can result in a lengthy prison sentence. Call today to set up a consultation with an Atlanta burglary lawyer.