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A burglary charge could result in consequences that you may not be able to handle on your own. These can include multiple fines, years in jail, and a permanent criminal record that can ruin your chances for certain jobs or educational opportunities. Despite having so much at risk, many people do not realize they must hire legal help until they are convicted.
It can feel overwhelming to figure out the legal system alone, which makes it crucial to have legal support. So if you are being accused of criminal activity, you need a knowledgeable theft attorney to represent you. Our Riverdale burglary lawyers are committed to fighting for your rights.
Under O.C.G.A. § 16-7-1, burglary occurs when someone breaks into a home or any structure intending to commit a felony there. There are varying degrees of this category of crime:
This occurs when someone unlawfully enters or remains in a dwelling with the intent to commit a theft. A dwelling can qualify as one of the following:
The court views this type of burglary as more severe due to the potential to directly interact with residents. The penalties range from one to 20 years of jail time for a first offense; for any following offenses, imprisonment ranges from two to 20 years.
This involves the unlawful entry into or remaining in any building, vehicle, railroad car, watercraft, or aircraft (other than a dwelling) with the intent to commit a felony or theft. Typical targets are commercial properties or other non-residential structures. The penalties are imprisonment from one to five years for a first offense, and for succeeding offenses, imprisonment ranges from one to eight years.
This occurs when someone forcibly enters a dwelling with the intent to commit a violent crime and while knowing or having reason to believe someone is present.
This type of burglary occurs when a suspect breaks into a retail establishment and causes more than $500 in damages. Depending on the facts of the case, up to 20 years of jail time is possible, along with a maximum fine of $100,000. The penalty for first-degree home invasion is between 10 to 20 years of jail time, and second-degree home invasion can be punished with five to 20 years of jail time.
A Riverdale attorney could negotiate to dismiss the case or reduce the penalties due to significant factors when you are being accused of burglary.
Everyone in our state has the constitutional right to have their side of the story told in court. Your situation could allow for some unique or strong counterarguments that can get you a lighter sentence or your case dismissed. Below are some common defenses that our experienced lawyers may use on your behalf:
If you can prove to the judge that you did not intend to commit the act, you may be able to get the charges lessened or dismissed.
You were not the perpetrator, or the evidence cannot prove that you were.
A common argument is that you had consent to enter the property. This argument relies on showing that you were given permission by the property owner to be on the premises.
Sometimes, people will collect evidence in violation of your constitutional right. Therefore, that evidence can be excluded from the court’s consideration.
An alibi defense involves proving that you were somewhere else when the crime occurred, making it impossible for you to have committed the crime. You must present credible evidence, such as witness testimony, video footage, or other documentation, to substantiate your whereabouts at the time of the alleged crime.
A Riverdale lawyer can provide a robust defense against burglary charges to protect your future.
When you are the defendant in a burglary case, your future is on the line. You need a fierce advocate who will stand by you every step of the legal process. Having a high-quality legal defense makes all the difference.
If the evidence is strong, and it is not possible to have an aggressive strategy, we will negotiate fearlessly with the prosecutor and provide an effective sentencing argument for the judge. Our Riverdale burglary lawyers are dedicated to ensuring your voice is heard when it matters most. Call us today for a consultation.