Although often blended, burglary and robbery are distinct crimes in Georgia. Burglary is a crime against property, while robbery is a crime against a person. Those accused of property crimes, such as burglary and related theft by taking, may benefit from state expungement programs that clear their records. Robbery is often a more serious offense necessitating a strong from Ghanayem & Rayasam in Atlanta, GA.
Overview of Georgia Burglary Charges in the First and Second Degrees
Burglary is criminalized by G.A. Code § 16-7-1 and broken down into the following offenses:
Burglary in the First Degree
Burglary in the first degree is defined as unlawfully entering (or refusing to leave) another person’s dwelling place with the intent to commit a felony therein. Dwelling places include the following:
- Occupied home/apartment
- Unoccupied home/apartment
- Vacant or abandoned house
- Building used as sleeping quarters (hotel, motel, or shelter)
- Vehicle
- Aircraft
- Railroad car
- Boat
- RV
- Any other structure designed or converted to be livable
You cannot be charged with first-degree burglary, for example, if you broke into an office building or storefront. Furthermore, prosecutors must prove that you intended to commit a felony within the dwelling. These most commonly include grand larceny, rape, murder, arson, kidnapping, or robbery, but would not involve misdemeanors, such as stealing food. While this conduct would support trespass or breaking-and-entering charges, it doesn’t qualify as first-degree burglary in Atlanta.
Burglary in the Second Degree
Second-degree burglary involves the same elements as first-degree burglary except that the building does not need to be a ‘dwelling place.’ For example, if the offender broke into a jewelry store at night and took an expensive necklace, the underlying burglary charge would be second degree, not first degree.
Penalties for Burglary
Both burglary in the first and second degrees are felonies punishable by a minimum sentence of one year in prison, plus additional penalties for any related felony offenses or attempts. However, burglary in the first degree carries a maximum penalty of 20 years in prison, while second-degree burglary carries a maximum of 5 years. Additional penalties may apply for subsequent offenses.
Robbery v. Burglary Charges in Georgia
Unlike burglary, which punishes the unlawful entry onto someone else’s property, robbery is often a violent offense criminalized by and § 16-8-41 (armed robbery). Robbery occurs when the offender steals or attempts to steal property directly from a person (or in the person’s immediate vicinity) by force, intimidation, coercion, threats, or snatching. It’s punishable to the same extent as first-degree burglary unless you’ve been charged with armed robbery under § 16-8-41. This carries a minimum 10-year prison sentence.
Atlanta Burglary and Robbery Defense Lawyers
Although both serious felonies requiring an experienced theft crimes defense attorney from Ghanayem & Rayasam, non-violent burglaries and robberies might qualify certain defendants for state dismissal and expungement programs, discuss the best approach to get burglary, robbery, and related theft charges dismissed with our dedicated Georgia criminal defense team today by calling (404) 561-0202 or connecting with us .