Burglary is defined as the unlawful breaking and entering or remaining on the property of another individual with the intent to commit a theft or a felony therein. In the State of Georgia, there are two degrees of the offense of burglary.
The difference between these two degrees is whether the property was a residential property or a commercial property. There is a burglary charge in Georgia that focuses on breaking into retail property to steal merchandise, referred to as smash-and-grab burglary.
What Is Smash-And-Grab Burglary?
A smash-and-grab burglary occurs when an individual enters a retail establishment with the intent to steal from that establishment. Pursuant to OCGA § 16-7-2(b), a smash-and-grab burglary requires that a defendant caused more than $500 in damage to the retail store without the consent of the owner.
It is common for smash-and-grab burglaries to occur in jewelry stores that have glass cases that can be broken. Every type of retail establishment, including restaurants, is covered by this Georgia law.
An individual can be charged under the Georgia smash-and-grab statute if they break a glass door or lock during a burglary, which results in damages of more than $500. This applies whether or not anything is stolen from the retail establishment.
Eyewitnesses are not required for burglary convictions in the State of Georgia, including smash-and-grab burglaries. It may be possible to convict a defendant using other types of evidence, such as:
- Fingerprints;
- DNA left on cigarettes, cups, or other items nearby;
- Surveillance footage;
- Cell phone records that show the defendant was near the scene at the time of the offense.
An experienced attorney who has handled this unique type of case will evaluate it completely and may question issues such as:
- Law enforcement investigation methods;
- Cell phone records;
- Search warrants;
- Forensic testing conducted.
If an individual has been charged with any type of burglary in Georgia, including a smash-and-grab, they should consult with a local lawyer.
What Factors Does a Judge Consider When Determining a Burglary Sentence?
A court may consider numerous factors when determining a defendant’s sentence for burglary, including, but not limited to:
- The defendant’s previous criminal record;
- Whether they are repeat or habitual offenders of burglary;
- The type of area where the burglary occurred, such as a home or an abandoned building;
- The type of crime committed on the property or the type of crime the defendant intended to commit;
- Time of day when the burglary occurred;
- Some states impose harsher penalties for burglaries committed at night than for burglaries committed during the day;
- The use of violence or threats of harm during the crime;
- The defendant’s mental state at the time of the burglary; for example, if they were intoxicated, they could not form the necessary intent to commit the burglary.
There may also be other factors that various courts will examine, which may vary by jurisdiction.
What Is a Retail Establishment?
Pursuant to Georgia law, retail establishments are any places where goods or merchandise are sold for direct consumption by consumers. This includes establishments that prepare and sell edible products that may be consumed at the establishment or taken home.
Is Smash-And-Grab Burglary the Same as Robbery in Georgia?
No, a smash-and-grab burglary is different from a robbery in Georgia. The offense of robbery involves taking the property of another individual without their consent and with the intent to permanently deprive them of that property.
In other words, the defendant had the intent to keep the property and not give it back to its rightful owners. With a smash-and-grab crime, a defendant is accused of entering or remaining in an establishment with the intent to commit theft or some other type of felony.
What Is the Punishment if This Is My First Smash-And-Grab Burglary Charge?
The State of Georgia treats smash-and-grab burglaries more harshly than retail burglaries, which are classified as burglaries in the second degree. A defendant’s conviction for smash-and-grab burglary may result in a punishment of:
- Two to 20 years in prison
- Up to $100,000 in criminal fines
- Both a criminal fine and time in prison
A second or subsequent conviction for a smash-and-grab burglary, however, may result in:
- Five and 20 years in prison
- Criminal fines of up to $100,000
- Both a criminal fine and a prison sentence
In contrast to a first-offense smash-and-grab, a burglary in the 2nd degree conviction carries a mandatory minimum sentence of one year. The second offense carries a two-year mandatory minimum sentence.
It is important to note that, in addition to criminal fines and prison terms, felony convictions can make it difficult for an individual to obtain employment, housing, and credit. This type of conviction can significantly affect a defendant’s life.
Because of this, it is important to consult with a Georgia criminal lawyer if an individual is facing these types of charges.
What Are Some Georgia Defenses to Smash-And-Grab Burglary?
There are some defenses a Georgia defendant may be able to present to a smash-and-grab burglary charge, including:
- Innocence: The most basic defense is actual innocence, where an attorney can show the court that the defendant did not commit the crime;
- This can be accomplished by evidence showing that the defendant had an alibi for the time the offense was committed or by raising doubts about the reliability of the scientific evidence or forensic techniques used by the prosecution;
- Lack of intent: Lack of intent is one of the possible defenses in this type of burglary case, as the defendant must have intended to commit a felony in the structure;
- A defendant’s lawyer could argue that they were on the property for a different reason before committing a crime, as burglary cannot be committed unless the defendant had the intent to commit a crime;
- For example, if the defendant attended a gathering and decided to steal a piece of art once inside a home, it would not be burglary;
- This is because the defendant entered the residence with permission, which means they would instead be charged with theft; and
- Lack of sufficient evidence: One argument against a conviction is that the prosecutor does not have enough evidence to convict the defendant of the crime, as they are required to prove each element of the offense beyond a reasonable doubt.
What Is Alternative Sentencing for Burglary?
In some situations, alternative sentencing options may be available for a defendant who is facing burglary charges. The term alternative sentencing usually involves sentencing options that are designed to allow the defendant to stay out of jail or prison.
A defendant may also have other options besides incarceration, such as:
- Community service;
- Mandatory counseling or rehabilitation;
- Paying fines only;
- Work release programs;
- House arrest options; or
- Other options that the court orders.
In the majority of cases, alternative sentencing will only be available to a first-time offender or a juvenile offender, an individual under the age of 18. The availability of alternative sentences will depend on the presiding judge and the facts and circumstances of each case.
Can a Criminal Lawyer Help Me with My Case?
If you have been charged with any type of burglary in the State of Georgia, especially smash-and-grab burglary, it is essential to consult with a Georgia burglary lawyer. Your lawyer will advise you of your legal options, the possible defenses, and whether alternative sentencing may be available in your case.
As discussed above, you may be facing felony charges, which can affect much more than your criminal record. LegalMatch can help you find a Georgia attorney today who is ready to work on your case.
