When you have been charged with burglary, do not take it lightly. A conviction can lead to heavy fines, a long prison sentence, and a permanent botch on your record. It could even affect your ability to work, as well as your relationships with family and friends. However, with the help of a skilled theft attorney, you could fight the charges to have them mitigated or even dropped.
Our Doraville burglary lawyers are here to protect your rights and to achieve the best possible outcome for you and your family. Our legal team is knowledgeable in state criminal law and procedure, and we are here to provide you with a strong defense.
How the State Defines Burglary
In Georgia, burglary is defined as entering a dwelling (structure or vehicle) with the intent to commit a felony or steal inside. It is divided into first-degree burglary and second-degree burglary.
First-degree burglary happens when an individual goes into a dwelling intending to commit a felony or theft. A dwelling can mean any building or structure where a person lives, such as a house or apartment.
Second-degree burglary happens when an individual enters any other type of structure or vehicle to commit a felony or theft inside. Examples of structures for second-degree burglaries include businesses, storage facilities, cars, trailers, or trucks.
A person must have unlawfully entered the dwelling or structure for the crime to be classified as a burglary. This means the individual must enter the property without authorization. The accused individual must also have the intent to commit a felony or theft inside. State law does not require proof of breaking and entering; it merely requires the act of entering or remaining on the premises unlawfully with the mens rea of committing a felony or theft. An attorney in Doraville could help you prove you didn’t intend to commit a burglary.
Defenses Against Burglary Charges
Since it is an element of burglary, the prosecution must prove that there was intent to commit a burglary or theft on the premises. The prosecutor must prove beyond a reasonable doubt that the defendant entered the property to commit a felony or theft. If there is no intent, our defense team may demonstrate that the accused individual entered the property for a lawful purpose.
We could also use mistaken identity as a defense. Evidence may be brought forth to show that the defendant was not present on the premises. One of our lawyers could provide an alibi to show that you were somewhere else during the commission of the burglary in Doraville, making it impossible for you to have committed it.
Other defenses may include unlawful search and seizure (meaning that the evidence was retrieved through an illegal search), entrapment by law enforcement, and duress. The success of these defenses depends on the circumstances of each individual case.
What Are the Penalties For a Burglary Conviction?
Penalties for burglary may vary. A court will consider fact such as the types of property entered and if the defendant has a prior criminal history. Penalties for a first-degree burglary can be imprisonment from one to 20 years. Penalties for a second-degree conviction can be imprisonment for a term of one to five years.
Apart from imprisonment, individuals may also be fined and placed on probation. If an individual is a repeat offender or if firearms were present, the burglary penalties may be more severe. An attorney in Doraville could work to get punishments minimized in court.
Speak with a Burglary Attorney in Doraville Today
Burglary charges in Georgia carry severe consequences that could impact your freedom and future opportunities. If you or a loved one is facing burglary charges, it is crucial to have a Doraville burglary lawyer to protect your rights and mount a strong defense. Our dedicated attorneys are committed to providing you with the vigorous advocacy you need to navigate the complexities of the legal system and achieve the best possible outcome for your case. Call today to schedule a consultation.
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