Athens Burglary Lawyer

Athens Burglary Attorney

Burglary is considered a serious crime in Georgia, so it should come as no surprise that a conviction can leave you facing substantial fines and prison time. If you want to minimize or avoid penalties, including incarceration, you should hire an Athens burglary lawyer as soon as possible after the charges are brought against you.

Trust The Fleming Firm

If you need an Athens burglary attorney to provide you with an aggressive defense against your burglary charges, look no further than The Fleming Firm. The Fleming Firm focuses exclusively on criminal defense and DUI defense, so you know that when you work with us, you’re working with skilled, experienced professionals. We know Athens burglary laws inside and out, and are ready to help you understand how they apply to your unique case.

Why Hire a Burglary Lawyer?

In 2025, 198 burglaries have already occurred in Athens-Clarke County. In 2024, the number of burglaries in Athens-Clarke County reached 303, or 237 per every 100,000 residents.

If you’re one of the hundreds of people facing burglary charges each year in the Peach State, it’s essential that you hire a burglary lawyer as quickly as possible. Having a lawyer on your side can help you avoid the worst possible consequences of a conviction, get the case dropped entirely, or achieve an acquittal in court.

Your lawyer from The Fleming Firm can help you understand the charges, build an effective defense, and represent you during plea negotiations and, if necessary, at trial in Athens-Clarke County Superior Court.

What Is Burglary?

People often associate burglary with theft or robbery, but in fact, these are distinct crimes. The difference is in how the crime is committed. Robberies involve the threat of force, while burglary requires that a defendant enter a dwelling or business unlawfully with the intent to commit a crime. The crime doesn’t have to be limited to theft. Burglary can also lead to kidnapping or assault. There are two degrees of burglary in Georgia:

• First-degree burglary. Entering or remaining in a dwelling (any building, vehicle, railroad car, watercraft, or aircraft that is designed or used as a dwelling) without authority and with intent to commit a theft or felony inside. Force is not required. Walking through an unlocked door is still first-degree burglary if it’s a dwelling and you have criminal intent. This applies whether the house is occupied, vacant, or under construction.
• Second-degree burglary. Entering or remaining in any non-dwelling building (stores, warehouses, sheds, offices, detached garages, or vehicles that aren’t lived in) without authority and with intent to commit a theft or felony inside. Again, force is not required. Opening an unlocked storage unit or sneaking into an open business after hours can be second-degree.

Home invasion (O.C.G.A. § 16-7-5) is a completely separate and much more serious felony, but it is not classified as a type of burglary. It is its own distinct crime. Smash-and-grab or other specific fact patterns may be charged as second-degree burglary, but they also do not create a new degree.

Penalties for Burglary in Georgia

Burglary is a felony in Georgia. Each degree of burglary has its own minimum and maximum sentences. They are:

• 1-20 years in prison for first-degree burglary
• Up to five years in prison for second-degree burglary

Defendants convicted of four or more burglary charges, at any degree, can’t have their sentences suspended, probated, deferred, or withheld. The Fleming Firm can help if you find yourself in this situation.

Common Defenses to Burglary

Every crime is different, and so is every defense against a burglary charge. Some defenses come up more often than others. They include:

• Being less than 13 years old
• Mental incapacity
• Intoxication
• Mistake of fact

You may also be able to argue that the break-in was justified, as would be the case if you forcibly entered someone’s house to rescue a child who was in danger or suffering from abuse. When deciding how to defend you against your charges, your attorney can consider every aspect of the case being brought against you, including all of the prosecution’s evidence, and render the most effective strategy for your particular situation.

FAQs

What Is the Minimum Sentence for Burglary in Georgia?

The minimum sentence for burglary in Georgia is one year in prison for both first-degree and second-degree offenses. Second-degree burglary carries a sentence of one to five years, while a first-degree burglary conviction can leave you facing up to 20 years in prison. Consult an Athens burglary attorney to understand your specific circumstance.

How Much Does a Burglary Lawyer Cost in Georgia?

How much a burglary lawyer costs in Georgia varies depending on the specifics of the case. Cases that are especially complex or that require going to trial generally cost more than simple cases that can be resolved outside of court. The cost of a burglary lawyer in Georgia can also vary depending on your geographic region and your lawyer’s experience level.

Do First-Time Offenders Go to Jail for Burglary in Georgia?

First-time offenders can go to jail for burglary in Georgia. The minimum sentence for either first-degree or second-degree burglary is one year in prison. First-time offenders may also face court-ordered fines and be required to pay restitution to the victims of the crime for any damages they caused. Seek counsel from an experienced burglary lawyer from The Fleming Firm to guide you through the process.

What Is the Difference Between Burglary and Robbery in Georgia?

In Georgia, burglary is entering or staying in a building or dwelling without authority and with the intent to commit theft or any felony inside. No victim needs to be present. Robbery is taking property directly from a person by force, intimidation, or sudden snatching. Robbery always involves a victim; burglary does not.

Your Athens Burglary Lawyer

Facing burglary charges is no joke. If convicted, you could wind up spending substantial time in jail. That’s why you need a skilled Athens burglary lawyer on your side. You can trust The Fleming Firm to provide a robust defense against the charges being levied against you. Contact us to schedule an initial consultation today.