Burglary is one of the most common crimes in society. If you’re facing a burglary charge, it could result in significant consequences that you need to consider.
The penalties related to a burglary charge can negatively impact your personal and professional life. Knowing your legal options is the first step to avoiding these penalties and preventing the issues they can cause.
Each state has its own laws related to burglary. In the state of Georgia, burglary consists of any action that involves entering a building or vehicle without permission and with the intent to commit a felony crime.
The penalties for burglaries can vary, and some home invasions may result in life sentences. In addition to burglary, the crime of trespassing occurs the moment an individual enters someone else’s property without the owner or occupant’s permission.
In many states, burglary charges can be placed in different categories depending on the property that was violated. Burglary charges related to a business will differ from those related to a residence. However, Georgia law places all burglary acts under one law.
Facing Burglary Charges
Individuals charged with burglary may be indirectly involved. In other cases, a person may be mistakenly identified as the culprit of a burglary based on unreliable witness accounts.
These and other instances require the right legal support to ensure that your rights are fully protected in a court of law. Working with a skilled attorney helps you take the right actions to achieve a satisfactory outcome in your case.
Most burglary charges occur when the prosecution claims that an individual entered a private space with the intent of committing a felony such as theft.
The penalties that can be levied against an individual accused of burglary can depend on his or her criminal record. First-time offenders can face prison sentences that range from 1 to 20 years while second- and third-time offenders may face higher minimum sentences.
According to Georgia law, burglary doesn’t depend on whether or not the building is vacant or occupied.
A burglary charge must consist of an individual entering a space without permission. Spaces that are open to the public, and in which a crime has occurred, will not result in burglary charges.
It’s also important to consider that only the intent to commit a felony is required for a burglary. If theft or any other crime does not take place, a person may still be charged with burglary.
Any crimes that are committed once the perpetrator has entered the building will result in additional charges and more significant penalties.
The intent of the person charged can be determined based on the circumstantial evidence. Prosecutors can establish intent based on any other actions the defendant may have performed once inside the building or home.
Residential spaces carry more severe punishments. Properties that are considered “dwellings”, structures that are used for residential purposes, are treated differently than businesses and other spaces.
Legal Protection Against a Burglary Charge
Your attorney can help you avoid the penalties related to a burglary charge.
There are many strategies you can use including presenting a case that challenges the evidence as well as negotiating with prosecutors.
Understanding how to navigate the criminal court system will ensure that your rights are protected and that you achieve the outcome you want from your case.