A Gwinnett County Burglary Attorney Can Protect Your Rights
When people think of burglary, they might envision a masked intruder sneaking into a home to steal valuables. However, this crime may apply to a much wider range of circumstances than you might realize. You could be charged with burglary based on allegations that you unlawfully entered a structure with the purpose of committing a crime inside. The consequences of a burglary conviction can be devastating, but that does not mean a conviction is guaranteed. You have the right to fight these charges, and Winters Law, LLC is here to help. Reach out to a Gwinnett County burglary attorney today to discuss your case.
Understanding Burglary Under Georgia Law
In Georgia, burglary is defined under O.C.G.A. § 16-7-1 as entering or remaining in a building, dwelling, vehicle, or other structure without authorization and with the intent to commit a felony or theft inside. The key to this crime is your intent; you can be charged with burglary even if you don’t steal or damage property. If you planned to commit a felony or theft after illegally entering a structure, you could be found guilty of burglary. These charges can occur in a variety of places, from private homes to businesses and even government buildings.
Georgia divides burglary into two degrees, with first-degree burglary representing the more serious offense of the two. A conviction on either of these charges is a serious matter that can alter the course of your life forever.
First-Degree Burglary
First-degree burglary involves unlawfully entering or remaining within an occupied dwelling or residential structure with the intent to commit a felony or theft. It applies whether the home is owned, rented, or occupied by another person and regardless of whether anyone is home at the time.
This offense focuses on residential structures, including houses, apartments, and mobile homes. Because it involves potential intrusion into someone’s living space, first-degree burglary is treated as a serious felony. A conviction can result in a prison sentence of one to 20 years, along with fines, probation, and restitution. Repeat offenses or aggravating factors can substantially increase the sentence.
Second-Degree Burglary
Second-degree burglary involves unlawfully entering or remaining in a building, structure, or vehicle that is not used as a dwelling with the intent to commit a felony or theft. Although it doesn’t carry the same level of emotional or physical risk as residential burglary, it is still classified as a felony.
A conviction for second-degree burglary can lead to one to eight years in prison. The court may also impose probation, community service, and restitution. Because this offense involves commercial or non-residential property, it may sometimes overlap with related charges such as trespassing or theft by taking. Still, prosecutors often pursue the more serious burglary charge when intent to steal or commit a crime is evident.
Burglary vs. Theft: Key Differences
Many people mistakenly believe burglary and theft are the same. However, the two crimes are distinct under Georgia law. Theft occurs when someone unlawfully takes another person’s property with the intent to deprive them of it permanently. Burglary, on the other hand, focuses on the unlawful entry itself and the intent to commit a crime once inside.
You can be charged with burglary even if nothing was stolen. Merely breaking into a house, business, or vehicle with the intent to commit a crime can satisfy the elements of burglary. Conversely, theft does not require breaking or entering; taking property left in a public place or workplace without permission may still constitute theft, but not burglary. The distinction is important, as burglary typically carries much harsher penalties and is classified as a felony.
Potential Penalties
Georgia’s burglary laws carry severe consequences, even for first-time offenders. A first-degree burglary conviction yields one to 20 years in prison, while a second-degree conviction is punishable by one to eight years. If a defendant has prior burglary convictions, the court may impose enhanced penalties, including mandatory minimum sentences and longer prison terms.
In addition to incarceration, a burglary conviction can lead to:
- Substantial fines and court costs
- Probation or parole
- Mandatory restitution to property owners
- Loss of the right to own or possess firearms
- Permanent felony record, affecting employment, housing, and professional licensing
The long-term impact of a burglary conviction can extend far beyond prison time. Many employers and landlords refuse to work with individuals who have property crime convictions, and repeat offenses may be prosecuted under Georgia’s recidivist laws, leading to much longer sentences.
Possible Defense Strategies
Defending against a burglary charge requires a careful review of the evidence, witness statements, and police procedures. A skilled Gwinnett County burglary attorney will build a defense tailored to your circumstances. Some of the most effective strategies include:
Lack of Intent
Intent is one of the core elements of burglary. If the prosecution cannot prove you intended to commit a felony or theft inside the property, the charge may not stand. For example, if you entered a building accidentally or for a lawful purpose, your attorney may argue that no criminal intent existed.
Consent or Authorization
If you had permission to enter the property, you cannot be convicted of burglary. In some cases, misunderstandings between property owners and visitors lead to wrongful arrests. A Gwinnett County burglary attorney can present evidence showing that you were authorized to be there, even if a dispute later arose.
Mistaken Identity
Burglary cases often rely on circumstantial evidence, such as surveillance footage, fingerprints, or eyewitness accounts. The reality is that this evidence is far from perfect, especially without additional proof strengthening the state’s case. Your attorney may challenge the accuracy of this evidence in an effort to discredit the state’s case.
Lack of Evidence
Because burglary often occurs without direct witnesses, the prosecution’s case may rest on weak or incomplete evidence. If investigators cannot prove that you were the person who entered the property, your lawyer can move to have the case dismissed for insufficient proof.
Violation of Constitutional Rights
If police conducted an illegal search, seized evidence without a valid warrant, or obtained statements without advising you of your rights, that evidence may be excluded from trial. A defense attorney will file motions to suppress illegally obtained evidence to weaken the prosecution’s case.
Why You Need an Experienced Gwinnett County Burglary Attorney
Facing burglary charges without experienced legal counsel can be devastating. Prosecutors in Gwinnett County are known for pursuing harsh penalties in property crime cases. A qualified Gwinnett County burglary attorney understands the complexities of burglary statutes, the burden of proof the prosecution must meet, and the local court procedures that can influence your case.
An experienced burglary attorney will:
- Investigate the facts
- Challenge unlawful police conduct
- Identify weaknesses in the prosecution’s case
- Negotiate plea deals
- Represent you aggressively at trial when needed
Your attorney may also explore alternative sentencing options for first-time offenders, such as pretrial diversion programs or probation instead of prison. Having strong representation from the very beginning can make the difference between a felony conviction and a clean record.
Learn How a Gwinnett County Burglary Attorney Can Help
Burglary charges are a serious matter, given the damage to your reputation and other steep penalties you might be subject to. The good news is that these charges are also defensible, and our attorneys understand what it takes to fight them.
If you have been charged with burglary, let Winters Law, LLC serve as your advocate. We can handle every aspect of your case, providing you with insight and answers at every step. Reach out to a Gwinnett County burglary attorney today to get started.
Frequently Asked Questions
What is the prosecution required to prove for a burglary conviction?
The state has to prove beyond a reasonable doubt that you have committed a burglary in order to secure a conviction. This means showing that you entered or remained in a structure without permission to commit a felony or theft crime.
Does “breaking and entering” need to occur for a burglary charge?
Georgia law does not require any physical “breaking” to occur in a burglary case. It is enough to enter or remain in a structure without permission to qualify.
What should I do if I’ve been arrested or questioned about a burglary?
Remain calm and do not speak to law enforcement without an attorney present. Anything you say can be used against you later. Contact a Gwinnett County burglary attorney immediately to discuss your legal options.
Can burglary charges be reduced or dismissed?
It is possible for burglary charges to be reduced or even dismissed before trial. This might happen through an agreement with the prosecution, or the judge could decide to dismiss the case for a number of reasons.
Will a burglary conviction stay on my record permanently?
A burglary conviction will generally remain on your record forever under Georgia law. There is currently no mechanism for expunging your conviction and clearing your criminal record, making it vital that you fight these charges.