All criminal offenses are taken seriously in Georgia, but they are divided into categories based on severity. An offense can be charged as an infraction, misdemeanor, or felony. If you are being charged with burglary in Georgia, understanding the state’s laws and whether you are facing a misdemeanor or felony offense is crucial in protecting yourself. To learn more about your legal rights and options, set up your free consultation with an experienced Atlanta burglary lawyer today.
Is Burglary a Felony in GA?
Yes, under Georgia state law, burglary is considered a felony offense. There are two degrees of burglary, first degree and second degree, which are both categorized as felonies.
A felony is a serious crime usually punishable by imprisonment of at least one year. There are various offenses that can be considered felonies in Georgia besides burglary, including the following.
- Murder
- Rape
- Kidnapping
- Aggravated assault
- Arson
- Fraud
- Drug trafficking
How is Burglary Defined?
Under Georgia Code § 16-7-1, a person commits burglary in the first degree when “without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another.”
The same statute outlines burglary in the second degree, which occurs when “without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, railroad car, watercraft, or aircraft.”
Both of these are considered felony offenses, though they do differ in severity and the type of structure that was entered. First-degree burglary involves entering a person’s dwelling or home, which is more serious than second-degree burglary, which involves entering any other type of building for purposes other than living, like an office or store.
What Are the Penalties for Burglary in GA?
Felony offenses, including burglary, are serious and therefore result in significant penalties. Consider the following standard sentencing guidelines.
First-degree:
- 1 to 20 years in prison for a first offense
- 2 to 20 years in prison for a second offense
- 5 to 25 years for a third or subsequent offense
Second-degree:
- 1 to 5 years in prison for a first offense
- 1 to 8 years in prison for a second or subsequent offense
In addition to prison time, individuals convicted of burglary can face significant fines, victim restitution, and more. Because burglary is a serious felony offense, it is crucial that you fully comprehend your legal rights, options, and the potential consequences of a conviction.
To secure skilled representation and counsel during your case, reach out to an experienced attorney at Williamson Legal to set up a free initial consultation today.
