Burglary is the criminal offense of breaking and entering into a property or remaining on the property without consent and with the intent to commit a crime. An individual is not required to use force to enter the property.
Typically, burglary is committed for the purpose of committing a theft. It is important to note, however, that the unlawful entry onto a property with the intention of committing any crime, such as assault or arson, may constitute burglary.
The offense of burglary may also be referred to as breaking and entering to housebreaking. There are, however, slight differences between these terms, depending upon the criminal laws and statutes in the state.
In addition, burglary may be charged as a misdemeanor or a felony, depending on the state. In Georgia, there are two degrees of burglary.
Is a Burglary a Felony or a Misdemeanor?
In many states, for example, New York, burglary is punishable as a felony. It may be further separated into categories called degrees.
The degrees may range from first-degree to third-degree burglary. Typically, first-degree burglary is the most serious category of burglary crime.
Second and third-degree burglary charges are typically less serious. In other jurisdictions, burglary can be classified as a misdemeanor crime, which is less serious than a felony crime.
Factors that may be examined to determine the seriousness of a burglary offense may include:
- How the person gained entry into the property, for example, destroying a door versus sneaking in through an open window;
- Whether any property was damaged during the crime;
- Whether there were any people present;
- Whether violence or the threat of violence was used to commit the burglary;
- Whether a weapon was involved in the commission of the crime; and
- Various other factors that depend on the circumstances
Typically, if violence or a weapon was used, it will result in more serious felony charges.
What are the Punishments and Penalties for Burglary?
The specific criminal punishment for a burglary conviction will depend upon whether or not the individual was convicted of a felony or a misdemeanor. The punishment for felony burglary may include a prison sentence of more than one year in addition to a large criminal fine.
If an individual is convicted of a misdemeanor, they may face a shorter jail sentence of up to yne year and a smaller criminal fine. The punishment for these offenses typically depend upon state laws and may differ greatly by jurisdiction.
If an individual is convicted of committing a burglary, they may face various penalties under state and local criminal laws. Depending on the exact charge against them, this may include:
- Jail or prison sentences;
- Probation;
- Fines or criminal fees;
- Mandatory counseling;
- Rehabilitation programs; or
- Other penalties that are unique to the jurisdiction.
The penalty imposed may also depend on the individual’s prior criminal record. If the individual is a first-time offender, alternative sentencing options such as probation or mandatory counseling may be ordered.
For a repeat offender, a jail or prison sentence will be the more likely punishment.
What Factors Does a Judge Consider When Determining a Burglary Sentence?
When determining an individual’s sentence for burglary, a court may consider:
- The individual’s previous criminal record;
- Whether the individual is a repeat or habitual offender for burglary;
- In what type of area the burglary happened, for example, a home versus an abandoned building;
- What type of crime was committed on the property or what type of crime the individual intended to commit;
- The time of day when the burglary occurred. Certain states impose harsher penalties for nighttime burglary as opposed to daytime burglary crimes;
- Whether a weapon, violence, or threat of harm was used in the crime; and
- The mental state of the defendant at the time of the burglary, for example, if the individual was intoxicated and, therefore, unable to form the necessary intent to commit a burglary.
What is Mandatory Sentencing for Burglary?
In certain cases, a burglary crime may fall under mandatory sentencing statutes. Generally, the term mandatory sentencing means that the sentence and fines cannot be changed or altered.
Mandatory sentencing typically involves a minimum amount of time spent in jail as well as a minimum amount for fines. The court may prescribe a longer sentence or higher fine but it cannot go below the minimum.
For example, a mandatory sentence for misdemeanor burglary may be one year in jail and a fine of $5,000. This all depends on state laws, as some states do not impose mandatory sentencing for burglary.
What is Alternative Sentencing for Burglary?
In some cases, alternative sentencing may be available for a defendant convicted of burglary. Alternative sentencing typically involves sentencing options that are designed to allow a defendant to stay out of jail or prison.
Rather than going to jail, the individual may be allowed other options, for example:
- Community service;
- Mandatory counseling or rehabilitation;
- Paying fines only;
- Work release programs;
- House arrest options; and
- Other options that the court decides.
Alternative sentencing is typically only available for certain defendants, such as first-time offenders or juvenile offenders, typically under the age of 18. However, it will depend on the presiding judge and the circumstances of the case.
How Does Georgia Define Burglary?
Pursuant to Georgia laws, the offense of burglary is the unlawful breaking and entering into or remaining in a building, vehicle, watercraft, airplane, railroad car, or other structure with the intent to commit a theft or a felony inside. The structure may be unoccupied, occupied, or vacant.
The perpetrator of a burglary does not have consent or the authority to enter into or remain in the structure.
What is the Difference between Burglary in the First Degree and Burglary in the Second Degree?
Burglary in the first degree is defined as committing a burglary in any structure that is intended to be a dwelling. Because, in Georgia, a burglary may be committed in a property other than a building, burglary in the first degree may involve breaking and entering into a houseboat or an RV.
The criminal offense of burglary in the second degree is the commission of a burglary in any structure that is not intended to be residential. A burglary in the second degree generally includes remaining in or breaking and entering into a commercial property, for example, an office building or a commercial airliner.
What is the Penalty for Burglary in Georgia?
The penalty that an individual may receive depends on the degree of burglary for which they are convicted. If an individual is convicted of burglary in the first degree, they may face 20 years in prison.
If an individual is convicted of burglary in the second degree, they may face 1 to 5 years in prison.
Will I Face More Prison Time if this is My Second Burglary Conviction in Georgia?
A subsequent conviction of burglar in the first degree or second degree will likely result in a harsher sentence than the first conviction. The punishment for a second conviction of first degree burglary is 2 to 20 years in prison.
Any subsequent convictions of the same offense may result in a 5 to 25 year sentence in prison. Any subsequent conviction of second degree burglary following the first conviction comes with a prison sentence of 1 to 8 years.
The penalty for any burglary conviction following the third conviction, regardless of whether the conviction is for burglary in the second degree or burglary in the first degree, cannot be probated, suspended, withheld, or deferred.
Do I Need a Criminal Defense Lawyer?
If you are facing burglary charges in Georgia, it is important to contact a Georgia criminal defense lawyer as soon as possible. Your defense lawyer can advise you of the applicable laws as well as what punishments you may face.
Your defense lawyer will represent you any time you have to appear in court. In addition, your defense lawyer may be able to negotiate a reduction in charges or, in some cases, have the charges against you dismissed.
