Cobb County Burglary Lawyer

If you’re accused of breaking and entering, otherwise known as burglary, you’re likely concerned about your future. Burglary charges typically entail high fines, jail time, and a wide range of other penalties. That said, with the right defense in your corner, you stand a far greater chance of minimizing—or, in some cases, even eliminating your charges altogether. Contact a knowledgeable and skilled Atlanta burglary defense lawyer from Williamson Legal for a free initial consultation today.

Burglary in Georgia Defined

Under Georgia law, burglary is divided into different degrees, each based on the nature of the alleged act and the type of structure involved. Understanding the precise charge you are facing is critical. The main types of burglary charges in Georgia are as follows:

• Burglary in the First Degree (O.C.G.A. § 16-7-1(b)): This charge applies when a person unlawfully enters or remains within a dwelling, house, or any other occupied or vacant building with the intent to commit a felony or theft inside. Actual theft or harm does not have to occur; the unlawful entry combined with criminal intent is sufficient. First-degree burglary is the most serious burglary charge in Georgia because it involves a dwelling—a place where people live or sleep.
• Burglary in the Second Degree (O.C.G.A. § 16-7-1(c)): This charge is similar to first-degree burglary but pertains to structures that are not dwellings, such as commercial buildings, storage units, or abandoned properties. As with first-degree burglary, intent to commit a felony or theft is a required element, even if no crime is ultimately completed.
• Smash and Grab Burglary (O.C.G.A. § 16-7-1(d)): Separate from traditional burglary charges, smash and grab burglary involves intentionally breaking into a retail establishment with the intent to steal merchandise. This charge often includes allegations of causing significant property damage during the commission of the offense.

It is worth noting that burglary is distinct from criminal trespass. While trespass involves unlawfully entering property, burglary requires the additional element of intent to commit a crime inside the structure. This distinction is important because it can mean the difference between a misdemeanor and a serious felony.

Penalties for Burglary Charges in Georgia

Georgia imposes severe penalties for burglary convictions, and the consequences can drastically impact your life, your career, and your future. The specific penalties you face will depend on the degree of burglary charged.

Burglary in the First Degree

• A conviction can result in a prison sentence ranging from 1 to 20 years for a first offense.
• For a second conviction, the potential sentence increases to 2 to 20 years.
• A third or subsequent conviction may lead to a mandatory minimum of 5 years in prison, with a possible maximum of 25 years.

Burglary in the Second Degree

• A first conviction can lead to 1 to 5 years in prison.
• A second or subsequent conviction carries a prison sentence of 1 to 8 years.

Smash and Grab Burglary

• This offense is classified as a felony and is punishable by 2 to 20 years in prison.
• Additionally, the court may impose a fine of up to $100,000, especially if the property damage is substantial.

In addition to prison time and fines, a burglary conviction in Georgia can lead to lasting consequences such as a permanent criminal record, loss of civil rights (including the right to own firearms), and significant barriers to employment and housing.

How Burglary Cases Typically Unfold in Georgia

Understanding the legal process can help you make better decisions about your defense. Burglary cases in Georgia generally follow these steps:

Arrest and Bond Hearing: After an arrest, you will typically appear before a magistrate judge within 48 to 72 hours for a first appearance and bond hearing. Because burglary is a felony, bond amounts tend to be higher than for misdemeanor offenses. Having an attorney present at this hearing can make a significant difference in whether bond is granted and at what amount.

Preliminary Hearing or Grand Jury Indictment: For felony burglary charges, the case will either go through a preliminary hearing in magistrate court or be presented directly to a grand jury for indictment. The grand jury decides whether there is enough probable cause to formally charge you.

Arraignment and Pre-Trial: Once indicted, you will be arraigned in Superior Court. This is followed by a pre-trial period where your attorney can file motions, challenge evidence, negotiate with prosecutors, and investigate the facts of your case.

Trial or Plea: If the case is not resolved through negotiation, it proceeds to a jury trial. However, many burglary cases are resolved before trial through plea negotiations, especially when strong defense arguments create leverage for a reduced charge or alternative sentencing.

Potential Defenses Against Burglary Charges

At Williamson Legal, we explore every available avenue to protect your rights and fight for the best possible outcome. Some of the most effective defenses against burglary charges in Georgia include:

• Lack of Intent: Burglary requires proof that you entered a structure with the specific intent to commit a felony or theft inside. If the prosecution cannot prove that intent existed at the time of entry, the burglary charge may not hold. For example, entering an unlocked building out of curiosity or to seek shelter does not satisfy the intent element.
• Mistaken Identity: Burglary cases frequently rely on circumstantial evidence such as surveillance footage, fingerprints, or witness descriptions. These forms of evidence can be unreliable. If you were not the person who committed the alleged burglary, your attorney can challenge the identification evidence and present an alternative theory of the case.
• Permission to Enter: If you had the owner’s consent to be on the property—or a reasonable belief that you had permission—this can serve as a complete defense to a burglary charge. Consent negates the “unlawful entry” element that the prosecution must prove.
• Alibi: Demonstrating that you were somewhere else at the time of the alleged burglary can be a powerful defense. Witness testimony, phone records, receipts, or GPS data can all support an alibi defense.
• Insufficient Evidence: The prosecution bears the burden of proving every element of the offense beyond a reasonable doubt. If the evidence is weak, contradictory, or incomplete, your attorney can argue that the State has failed to meet its burden.
• Violation of Constitutional Rights: If law enforcement obtained evidence through an illegal search and seizure, a coerced confession, or other constitutional violations, your attorney can file a motion to suppress that evidence. Without the suppressed evidence, the prosecution’s case may fall apart entirely.

Why Choose Williamson Legal for Your Burglary Case?

Burglary is a serious felony in Georgia, and the stakes are high. You need an attorney who understands both sides of the courtroom. David Williamson is a former prosecutor who now uses that experience to defend clients facing burglary and other felony charges across Cobb County, Atlanta, and the surrounding metro area.

We understand how prosecutors build burglary cases—what evidence they rely on, what weaknesses they overlook, and where the opportunities are to challenge the charges against you. That insight is a significant advantage for our clients.

Every burglary case is different, and we approach each one with a thorough investigation, personalized strategy, and aggressive advocacy. Whether your case involves challenging the evidence, negotiating a reduced charge, or fighting at trial, Williamson Legal will be in your corner every step of the way.

Related Practice Areas

Burglary charges often overlap with other criminal offenses. David Williamson handles the full range of related charges:

• Theft Crimes – Burglary requires intent to commit a crime inside the structure, most commonly theft. The underlying theft charge adds to the total exposure.
• Robbery – When burglary involves confronting a person inside the structure, the charge can escalate to robbery or home invasion.
• Drug Crimes – Burglary of a pharmacy or entering a property to manufacture or store drugs brings overlapping drug and burglary charges.
• Assault – If any person is harmed during a burglary, aggravated assault or other violent crime charges are added.
• Juvenile Offenses – Minors charged with burglary face the juvenile system, but can be transferred to adult court for first-degree burglary.
• Record Restriction & Expungement – A burglary charge on your record has severe consequences for employment. Georgia law may allow record restriction in qualifying cases.

Burglary Defense Across Metro Atlanta

David Williamson represents clients charged with burglary in courtrooms throughout metro Atlanta:

• Cobb County Superior Court in Marietta
• Forsyth County Superior Court in Cumming
• Cherokee County Superior Court in Canton
• Marietta Municipal Court
• Kennesaw Municipal Court
• Smyrna Municipal Court
• Cumming Municipal Court
• Alpharetta Municipal Court

Learn More About Property Crimes in Georgia

Explore these resources from Attorney David Williamson:

• Is Burglary Always a Felony in Georgia?
• When Does Theft Become a Felony in Georgia?
• Is Possessing Stolen Property a Crime?
• How is Arson Penalized in Georgia?
• Defenses to Armed Robbery in Georgia

Frequently Asked Questions About Burglary Charges in Georgia

What is the difference between burglary and robbery in Georgia?

Burglary under O.C.G.A. § 16-7-1 involves entering or remaining in a building or structure without authority and with the intent to commit a felony or theft inside. Robbery under O.C.G.A. § 16-8-40 involves taking property directly from a person by force or intimidation. The key distinction is that burglary focuses on the unauthorized entry, while robbery focuses on the confrontation with the victim. You can be charged with burglary even if no one was home and nothing was actually stolen.

Can I be charged with burglary if the door was unlocked?

Yes. Georgia law does not require forced entry for a burglary charge. Under O.C.G.A. § 16-7-1, burglary occurs when a person enters or remains in a building without authority with intent to commit a crime. Walking through an unlocked door without permission to enter constitutes unauthorized entry. The “without authority” element is about your right to be there, not how you got in.

What is the penalty for first degree burglary in Georgia?

First degree burglary under O.C.G.A. § 16-7-1(b) — entering or remaining in a dwelling (a residence where someone lives) — is a felony carrying 1 to 20 years in prison. Second degree burglary — entering a non-dwelling structure such as a business, storage unit, or vehicle — carries 1 to 8 years under O.C.G.A. § 16-7-1(c). A second or subsequent burglary conviction carries 2 to 20 years and is classified as a “seven deadly sins” offense, making parole unavailable until the minimum sentence is served.

What is smash and grab burglary?

Under O.C.G.A. § 16-7-1(d), smash and grab burglary — entering a retail establishment by force with intent to commit theft and causing more than $500 in property damage — is a felony carrying 2 to 20 years. This statute was enacted in response to organized retail theft rings and carries enhanced penalties beyond standard second degree burglary.

Contact a Cobb County Burglary Lawyer

The bottom line is that anyone accused of burglary shouldn’t proceed without a skilled Atlanta criminal defense lawyer in their corner. Here at Williamson Legal, we have effectively fought on behalf of clients facing burglary charges for years, and we stand ready to put that experience to work for you in your case as well. Contact us today for a free case evaluation so we can get started working on your case.