Burglary with Assault
Burglary is entering private property with the intent of committing a crime, and assault is when someone threatens or attempts to commit an act of violence, with or without causing physical injuries.
People who get caught breaking into a residence or business often get charged with several crimes; burglary is the charge you get for unlawfully entering private property in order to commit a crime, but unless the defendant gets caught as soon as he or she breaks in, other charges might apply also. Stealing property would result in theft charges, destroying items would lead to charges of vandalism, and completed or attempted acts of violence would get charges of assault or battery. Even if you are facing a long list of charges related to a single incident, an Atlanta criminal defense lawyer can help you get some or all of the charges dropped, negotiate a plea bargain, or get a verdict of not guilty at trial.
Burglary Defense in Atlanta
Burglary is always a felony, even though you can be charged with burglary even if the premises were unoccupied and there was no violence. Second-degree burglary, in which the defendant enters a non-residential building for the specific purpose of committing theft or another crime, has a maximum sentence of five years. The more serious kinds of burglary can yield a sentence of up to 20 years in prison. These are smash and grab burglary, in which the defendant breaks into a retail business and causes at least $500 in damages, and first-degree burglary, in which the defendant burglarizes a residence. Home invasion is burglary of a residence while the defendant is in possession of a deadly weapon.
Assault Defense in Atlanta
When used outside of a legal context, the term “assault” usually refers to a violent attack resulting in injuries, but in legal terms, “assault” has a much broader definition. Simple assault is the least violent of violent crimes; it is a misdemeanor, and its maximum penalty is one year in jail, although many people convicted of assault get sentenced to fines or probation instead of jail. The law defines simple assault as a credible threat of violence or an attempted act of violence; it does not always result in physical injuries.
By contrast, aggravated assault is always a felony; it involves weapons and bodily injury. The maximum sentence is 20 years in prison. If the victim is elderly or a correctional officer, the sentence is likely to be longer than if there were no aggravating factors.
Atlanta Defense Lawyers Can Help You in Burglary and Assault Cases
The court can only convict you of burglary, assault, or any other crime if the police and prosecutors have respected your constitutional rights at every stage of the game. You have the right to plead not guilty even if you think that the prosecution has overwhelming evidence against you. Not all pleas of not guilty end in a trial; you might be able to get a plea bargain or even get the charges dropped. No matter the circumstances of your arrest, you still have rights, including the presumption of innocence. Contact Ghanayem and Rayasam in Atlanta, Georgia about your burglary and assault case.