Burglary & Criminal Trespass Charges
An experienced Georgia burglary lawyer can help you navigate this stressful charge. Georgia takes a tough stance on crimes involving property.
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Burglary & Criminal Trespass Charges
If you’ve been charged with Burglary in Georgia, you need to what it means. An experienced Georgia burglary lawyer can help you navigate this stressful charge. Georgia takes a tough stance on crimes involving property. That’s because we work hard for our property and the government punishes individuals that try take our “stuff” without permission. Oddly enough, the government who created these laws have no problem taking our property – but that’s a whole other topic and isn’t currently a crime.
Many people think about a “burglar” as thief in the night, much like the McDonald’s© Hamburglar who steals everyone’s food while wearing a mask. Many years ago, in Georgia, for a conviction of burglary, the thief did have to commit the crime at night time much like that hungry fellow.
Current Georgia Law On Burglary
Like many other Georgia crimes, there are several “degrees” of burglary. There is Burglary in the 1st Degree, Burglary in the 2nd Degree and Criminal Trespass. The definition of burglary is “to intend to commit a felony crime after breaking and entering into any structure”
Read that again. It is not, as you may think, simply entering into a home and stealing some stuff. A person is charged with burglary when they go into any structure with the idea of committing a felony. Any felony. Usually, the felonies associated with burglary charges are aggravated assault, property damage, theft crimes, arson, sex crimes, kidnapping and the like.
Burglary In The First Degree
Burglary In the Second Degree
Burglary In The First Degree
The Government can charge you with First Degree Burglary if you enter or remain with an occupied if you enter or remain within an
- Occupied, unoccupied, or empty dwelling house of another
OR
- Any building, railroad car, watercraft, aircraft, or other such structure for use as the dwelling of another
Without permission AND you intended to commit a felony or theft therein.
The sentence for First Degree Burglary is a felony and a prison sentence of one to twenty years. A second conviction carries a prison sentence of two to twenty years. A third conviction is a mandatory five years to twenty-five years.
If you’ve been arrested on a second or third burglary charge, you may still be on probation from your last one. If this is the case the government can move to revoke your probation and sentence you to prison anyway, even if there’s no evidence against you on the new arrests. The government doesn’t mess around with burglary charges in Georgia. We don’t mess around in defending them.
Burglary In the Second Degree
The Government can charge you with Second Degree Burglary if you enter or remain with an occupied if you
- Enter or remain within any building, railroad car, watercraft, aircraft, or other such structure for use as the dwelling of another
- Without permission AND you intended to commit a felony or theft therein.
The sentence for Second Degree Burglary is a felony and a prison sentence of one to eight years. What is the difference between first degree and second degree burglary in Georgia? The specific facts of your case help your attorney determine whether the structure’s primary use was someone’s home. That’s the difference. Did someone live there? Plan on living there? Used to live there? Is a trap house a dwelling? The devil is in the details and an experienced Georgia Burglary Attorney can look closely at the particular facts of your case to see what defenses are available.
Criminal Trespass
Criminal Trespass is a misdemeanor in Georgia and is punishable by up to one year in jail and a $1000.00 fine. It means that a person cannot enter or remain on another person’s property without the owner’s consent. It seems simple, but the government will often charge a person with the felony crime of burglary when really all they can prove is criminal trespass.
The most important thing an experienced Georgia criminal trespass attorney will be looking for is whether someone entered or remained on to land or property without authority. The government doesn’t mess around with criminal trespass charges in Georgia. We don’t mess around in defending them.
- Criminal Trespass is a misdemeanor in Georgia and is punishable by up to one year in jail and a $1000.00 fine.
A person can be convicted of criminal trespass when:
- They intentionally damage any property of another without consent and the damage is less than $500.00 (more than $500, see Criminal Damage to Property)
- They interfere with the possession or use of the property of another person without permission
- Or when a person, without permission does any of the following:
- Goes on to the land or premises of someone else, or a part of a vehicle, railroad car, aircraft, or watercraft of another person do something wrong.
- Goes on to the land or premises or a part of a vehicle, railroad car, aircraft, or watercraft of someone else receiving notice from the owner that they cannot enter.
- 3. Remains on to the land or premises of someone else person or in the vehicle, railroad car, aircraft, or watercraft of someone else after the owner has told them to leave.
FAQ
Sometimes you may not know if you are forbidden to be on someone else’s property.
They may not have told you to “never come back.”
Courts have recognized that some explicit notice be given. Often the notice is very clear, such as a domestic violence bond or a restraining order that requires you to have no contact and to stay away from a particular location. Other times, the notice may be fuzzy and would a normal person have thought they couldn’t be there? An experienced Georgia criminal trespass attorney will be able to determine if the notice was sufficient and build your defense.
Depending on the age if your teenager or young adult, you should be grateful that they are not charged with a burglary with the intent to commit a sex crime or a theft.
Minors cannot give consent on behalf of their parent’s / property owners for another person to be on their property. Not even for a romantic kiss. Or to donate money for the church bake sale. If Momma bear homeowner doesn’t want them around, and has told them not to be around, they should not be around the property.
As we are aware nowadays, the long gone youthful romance of “sneaking out” for stolen kisses is now likely to be met with blue flashing lights and handcuffs. The government is quick to arrest. An experienced Georgia criminal trespass attorney will be quick to file a request for bond and guide you through your failed romantic gesture.
We are available 24/7 for immediate assistance
If you or a loved one has been arrested or has been subjected to a law enforcement encounter please rely on an experienced criminal defence attorney, Karen Shelley immediately to shroud the situation with the legal knowledge required to protect your freedom, your driver’s license, your home or your children.
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