Decatur Burglary Lawyer

Decatur Burglary Attorney

Burglary is generally a felony charge in Georgia, and the courts take these offenses seriously. A conviction can often mean high fines, jail time, and a permanent criminal record. If you’re dealing with burglary allegations in or around Decatur, a Decatur, GA burglary lawyer at The Fleming Firm can provide skilled and experienced legal representation to protect your rights and interests.

The trusted legal team at The Fleming Firm has been offering high-quality legal counsel to Georgia residents facing criminal charges since 2004. We devote the time and attention each client deserves to provide you with tailored legal solutions for your individual circumstances.

Understand Burglary Charges in Georgia

For an act to be considered burglary, it has to meet certain criteria, regardless of whether other people are present during the crime or force is used to gain entry. Someone must have unlawfully entered a protected building, home, vehicle, or other structure or remained there without permission, and the person must have intended to commit theft or another crime. In other words, it is still burglary even if the person does not actually commit any other crime.

A burglary conviction can mean long-lasting consequences and a criminal record that will follow you for the rest of your life. In addition to possible jail time and steep fines, a conviction can impact your ability to find work, education, housing, financial assistance, and many other areas of your life.

The most recent report by the Uniform Crime Reporting Program (UCR), which is a joint effort by the Georgia Bureau of Investigation (GBI) and the Federal Bureau of Investigation (FBI), shows that burglary is the fourth-highest crime reported in Georgia. In 2023, there were 22,179 reported acts of burglary, which works out to one report every 23 minutes and 41 seconds.

Of those reports, 2,177 led to arrests. Burglary cases in Decatur are prosecuted at the DeKalb County Courthouse, which is located on North McDonough Street.

Burglary in the First Degree

An offense is considered burglary in the first degree when a person illegally enters or stays in a building or vehicle that is meant to be a home with the intent to commit a crime. This includes homes, apartments, RVs, or any other structure meant to be a dwelling. It does not matter whether anyone is currently living there.

The penalty for a first-time burglary in the first degree can be between one and twenty years in prison. A second conviction generally means a minimum of two years in prison. A third offense may result in imprisonment for five to 25 years. A fourth or subsequent conviction of any burglary means that a judge can no longer dismiss, defer, withhold adjudication, or give only probation.

Burglary in the Second Degree

An act of burglary in the second degree is when someone unlawfully enters any building or vehicle with the intent to commit a crime, whether it is occupied or not. A first-time burglary in the second degree is punishable with at least one year in prison and up to five years. Second or subsequent convictions can mean up to eight years in prison.

Smash and Grab Burglary

When a person goes into a retail building with the intent of committing a crime and causes damage of $500 or more, the charge is smash-and-grab burglary. The penalty can be a prison sentence between two and twenty years, a fine up to $100,000, or both. A second or subsequent conviction may mean a minimum five-year prison sentence.

FAQs  

Is Burglary a Violent Crime in Georgia?

No, burglary is not considered a violent crime in Georgia because, in most cases, the act does not require the use of force. Burglary is usually classified as a property crime. However, burglary is a felony and can lead to severe penalties when a person is convicted, including long prison sentences, high fines, and other punishments. In addition, habitual offenders may be prosecuted more harshly.

How Hard Is It to Prove Burglary?

How hard it is to prove burglary depends considerably on the strength of the evidence against the defendant and can vary on a case-by-case basis. While it can be relatively easy to show that someone unlawfully entered a building or vehicle without permission, it can be difficult to prove the person’s intent and demonstrate how they planned to commit the crime, especially if they left the structure before any crime could be committed.

Can You Get Probation for Burglary in Georgia?

Yes, in some cases, you can get probation for burglary in Georgia, but whether burglary probation is an option depends on the facts of the case. Some of the factors a judge may consider are how severe the crime is, whether the defendant has any previous criminal history of burglary or related offenses, and the inclusion of other mitigating or aggravating elements.

What Is the Statute of Limitations for Burglary in Georgia?

The statute of limitations for burglary in Georgia is four years, which means that the state can press charges and prosecute a defendant for a burglary charge up to four years after the date of the incident. There may be exceptions, in some cases, depending on the specific circumstances of the offense. A trusted criminal defense attorney can tell you how the law applies in your particular case.

Aggressive Legal Defense Against Burglary Charges in Georgia

The Fleming Firm is focused on offering fierce, client-centered legal representation that is tailored to the needs of each case. Our top goal is to make sure our clients receive high-quality legal defense against criminal charges like burglary and that their rights are protected throughout the criminal justice process. Whether that means negotiating lesser charges or advocating for you at trial, we can fight for a successful outcome.

If you are facing charges for burglary or related offenses, The Fleming Firm can offer more than twenty years of experience in negotiation and litigation. Reach out to our office right away to set up an initial consultation with a trusted Decatur burglary lawyer and start your legal defense strategy.