Burglary is a felony offense in Georgia, and facing such charges can have long-lasting consequences on your life. In Fulton County and throughout Georgia, burglary is governed by the OCGA § 16-7-1, which defines the crime and outlines the penalties for conviction.

In simple terms, burglary occurs when someone enters or remains in a building, vehicle, or other structure with the intent to commit a crime, such as theft or vandalism, inside. Whether the structure is residential or commercial, the intent is key to the charge. Burglary is not limited to breaking into homes—it also includes entry into places like businesses or vehicles.

Under OCGA, there are different degrees of burglary:

• First-degree burglary involves entering an occupied dwelling (home) with the intent to commit a felony. This is the most serious form, with penalties including up to 20 years in prison on a first conviction. This is also known as residential burglary, and can include vehicles, railroad cars, and other structures if their structure is designed to be used as a dwelling (home of another).
• Second-degree burglary applies when someone enters a non-residential structure or vehicle with the intent to commit a theft. Penalties can include up to 5 years in prison on a first conviction, and up to 8 years in prison on a second conviction.

Under Georgia law, burglary sentences, although lengthy, can be probated or suspended unless it is a fourth or subsequent conviction. In that situation, the prison time is required on a conviction.

The first step following an arrest will be the First Appearance hearing, which is where Bond will be addressed, and the person notified of the charges they are facing.

Being accused of burglary in Fulton County is a serious matter. If you are facing charges, it’s crucial to have a skilled criminal defense attorney on your side. A knowledgeable lawyer can investigate the case, examine the evidence, and develop a strategy to challenge the allegations or minimize penalties. There are numerous defenses to burglary including whether the State can prove beyond a reasonable doubt intent to commit a felony or a theft inside.

If you or someone you know is charged with burglary in Fulton County, contact the lawyers at W. Scott Smith to ensure your rights are protected and you receive the best possible defense. We offer FREE CONSULTATIONS at 404-581-0999.