Officers recently arrested two teenagers for burglary against the same home in Georgia twice in one day. A neighbor caught the teens from Woodstock as they attempted to break into a home on Braddock Circle. The burglars were inside the home earlier in the day and were trying to get back into it when a neighbor saw them.
According to the Cherokee County Sheriff’s Office, the teens fled the scene when law enforcement officials arrived. Officers arrested them a short time later. Deputies were able to recover a backpack containing a small amount of marijuana, clothing, knives, and drug-related objects. The teens face charges for burglary, criminal intent to commit a burglary, theft, and possession of marijuana.
What is Burglary?
All states, including Georgia, have laws that prohibit people from going into someone else’s property or home without permission. In Georgia, burglary is considered entering into a home, vehicle, or building with the intent to commit a crime. Some types of burglary in Georgia, particularly home burglaries, carry very stiff penalties.
Although the building may be vacant, occupied, or unoccupied, burglary can still occur. There are several things that the courts will take into consideration when determining charges.
- Remain or enter: To be convicted of burglary, the defendant must enter (or remain) inside the building without permission. This may include going into a part of a public building that is not open to the public.
- No need to commit theft or a felony: Burglary occurs as soon as the individual enters the vehicle or building with the intent to commit a crime, even if the actual crime never occurs – for example, if someone sneaks into a home but flees the scene because the homeowner returns. Even if they did not take a single thing, they have still committed the crime. If the burglars stole items, prosecutors may file additional charges.
- Defendant’s Intent: The defendant’s intent is typically determined by the specific circumstances surrounding the incident. However, the prosecutor does not have to establish what was going through the defendant’s head.
Punishment for Burglary
Punishment for burglary increases if the vehicle (such as a camper or boat) or building is a dwelling. Even if a person only occasionally uses a house for residential purposes, it is likely still a dwelling.
Punishment for burglary can be punishable by up to five years in prison. Home invasion burglary can be punishable by up to 20 years in prison. Subsequent, or more than one, convictions have more severe punishments.
Having a Criminal Defense Attorney on Your Side is Imperative
With such stiff penalties, it is easy to see why it is important to have an experienced criminal defense attorney on your side. If you are facing charges for burglary, you need representation to protect your rights. The attorneys at Tyler Moore Law have years of experience helping people facing criminal charges. Contact them today to schedule a consultation. They will determine the best possible defense strategy for your case and get the best outcome possible.