Burglaries occur when someone breaks into a house or building to commit a crime. It is usually committed when someone intends to carry out the crime of theft once they have illegally entered the premises. However, unlawful entry onto the property with the intention of committing any crime, such as assault or arson, may constitute burglary.
The crime of burglary is often called by other names, such as breaking and entering or housebreaking. Depending on criminal laws and statutes, these terms may differ slightly. Depending on the laws and the crime details, burglary can also be charged as either a misdemeanor or a felony.
Is a Burglary a Felony or a Misdemeanor?
Burglary is punishable as a felony and can often be further separated into categories called “degrees.” For example, burglary may be classified as first-degree, second-degree, or third-degree. In most cases, first-degree burglary is the most serious burglary crime, while second and third-degree burglaries are less serious.
In other jurisdictions, burglary may be classified as a misdemeanor crime, which is less serious than a felony crime.
In determining the seriousness of a burglary crime, the following factors may be considered:
- How the person gained entry into the property (for instance, 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 any violence or threats of violence were used to commit the burglary;
- Whether any weapons were involved in the commission of the crime; and
- Various other factors that depend on the circumstances
Using violence or a weapon typically results in more serious felony charges.
What Are the Punishments and Penalties for Burglary?
Criminal punishments for burglaries will vary depending on whether the person was convicted of a felony or misdemeanor. It is possible to receive a prison sentence of more than one year for felony burglary and a heavy fine for the crime.
Misdemeanor burglary convictions carry a shorter prison sentence (not prison) of up to one year, as well as less severe fines. As stated above, state laws can vary widely as far as punishments for burglary crimes are concerned.
Under state and local criminal laws, burglars may face various penalties if found guilty.
This can include the following, depending on the exact charge:
- Jail or prison sentences;
- Probation;
- Fines or criminal fees;
- Mandatory counseling;
- Rehabilitation programs; or
- Other penalties may be unique to the jurisdiction.
Penalties may depend on a person’s prior criminal record in many cases. The court may consider alternative sentencing options, such as probation or mandatory counseling if the offender is a first-time offender. For repeat offenders, a jail or prison sentence is more likely to result.
What Factors Does a Judge Consider When Determining a Burglary Sentence?
When determining a person’s overall sentence for burglary, a judge may consider:
- The person’s previous criminal record;
- Whether they are repeat or habitual offender of burglary;
- In what type of area the burglary happened (for instance, a home versus an abandoned building);
- What type of crime was committed while on the property (or what type of crime they intended to commit);
- The time of day when the burglary happened (some states impose harsher penalties for nighttime burglary as opposed to daytime burglary crimes);
- Whether a weapon or violence was used in the crime (or threats of harm); and
- The mental state of the defendant at the time of the burglary (for instance, if they were intoxicated, so they were unable to form the necessary intent to commit burglary).
Considering all these factors, the most appropriate sentencing will be determined.
What Is Burglary in the Second Degree in Georgia?
Burglary in the second degree is the crime of unlawfully breaking and entering into or remaining in any building or structure that is not being used as a dwelling with the intent to commit a felony or theft while inside. The property doesn’t need to be occupied during the crime. In general, second-degree burglaries are committed on commercial or business properties, such as office buildings, since they are not residential in nature.
What Is Burglary in the First Degree According to Georgia Law?
Burglary in the first degree is the illegal entry into or remaining in the dwelling, or residential property, of another with the intent to commit either theft or a felony. A residential property may be occupied, unoccupied, or vacant. For a property to be considered a residential dwelling, it does not have to be a house.
Under Georgia’s definition of a dwelling, the following structures are potential residences for burglary in the first degree:
- Building
- Railroad car
- Vehicle
- Watercraft
- Aircraft
- Other such structures designed to be used as a dwelling
What Is the Punishment for a Third Conviction of Burglary in the First Degree in Georgia?
As with the first and second convictions of first-degree burglary, a third conviction is a felony in Georgia, as are all subsequent convictions. Any conviction of burglary of the first degree after the second conviction is punishable by five to 25 years in prison.
What Is Mandatory Sentencing for Burglary?
In some cases, burglary crimes may fall under mandatory sentencing statutes. The term “mandatory sentencing” generally means that the sentences and fines cannot be changed or altered. They typically involve minimum amounts of time spent in jail and minimum amounts for fines. Judges may impose longer sentences or higher fines, but they cannot go below the minimum.
An example of a mandatory sentence for misdemeanor burglary might be one year in jail and a fine of $6,000.
What Is Alternative Sentencing for Burglary?
In other instances, alternative sentencing may be available for a defendant facing burglary charges. Alternative sentencing refers to sentencing options that prevent defendants from going to jail or prison.
In place of going to jail, the person might have other options, such as:
- Community service;
- Mandatory counseling or rehabilitation;
- Paying fines only;
- Work release programs;
- House arrest options; and
- Other options that the court decides.
Usually, alternative sentencing is only available to first-time offenders or juvenile offenders (under the age of 18). In any case, it always depends on the presiding judge and the circumstances of the case.
Are There Any Defenses Against Burglary Charges?
Criminal charges are subject to various defenses, just like any other type of charge.
Several defenses can be used:
- Intoxication;
- Insanity defense;
- Lack of intent to commit a crime after entering the property (though the person may face breaking and entering charges);
- Duress (the person was forced to commit the crime under threat of harm); and
- Various other defenses.
Again, these will depend on the specifics of the crime. Some defenses do not completely remove the charge; some are mainly used to reduce the sentence.
Should I Contact a Lawyer?
You need to contact a Georgia criminal lawyer immediately if facing a third charge for burglary in the first degree. You can learn about your rights and defenses from them.
A burglary charge can result in serious criminal penalties and punishments. Proving the crime can also be a bit complex since there are many elements to consider.
Hire a criminal defense lawyer in your area if you are facing criminal burglary charges. A lawyer can explain your legal options and determine what defenses may be available to you.
