Marietta Burglary Lawyer
Burglary is a fairly common crime in Marietta, but it is also highly misunderstood. For example, people believe that burglary occurs any time a person enters a building illegally. However, this is not always true. If you have been charged, it is critical that you speak to our Marietta burglary lawyer who can clear up any misconceptions so you have the best chance of a positive outcome in your case.
What is the Law on Burglary in Marietta?
State law defines burglary as breaking and entering into any structure with the intention of committing a felony once inside. The intent to commit another crime once inside the structure is of utmost importance. If someone simply breaks into a structure, such as an abandoned warehouse, and they have no intention of committing a crime once inside, they may face charges other than burglary. In these situations, for example, the lesser charge of trespassing may apply.
Many people also think that to be convicted of burglary, they must have illegally entered a structure with the intent to commit theft once inside. Although theft is often associated with burglary, the intent to commit any crime once unlawfully inside a structure can result in burglary charges being laid.
It is also important to note that burglary charges do not require a crime to have been committed. A person must only have the intent to commit a crime. For example, someone might break into a house with the intent of stealing belongings inside. Even if the person is not successful with the theft, they can still be charged with burglary because they had the intent to commit a crime.
Penalties for Burglary in Marietta
Some states allow for misdemeanor burglary charges, but Georgia does not. All burglary charges in the state are classified as felonies. Burglary charges can result in a number of different penalties and the court will consider many factors when determining what they are. These factors include:
- The type of property you entered
- Whether you possessed or used a weapon
- Whether you have any previous convictions for burglary
- Whether there is witness testimony supporting your intentions during the alleged crime or your character
Prison time is the most common penalty for a burglary conviction. For a first offense the prison sentence can vary between 1 and 20 years. If you have a previous burglary offense on your criminal record, it could result in a prison sentence between 2 to 20 years.
There are ways to avoid the harsh penalties associated with a burglary conviction. A defense lawyer can help you obtain probation, house arrest, or entrance into a work release program or weekend sentencing program to help you avoid as much time in prison as possible.
Call Our Burglary Lawyer in Marietta for Help with Your Case
Burglary charges are very serious and you need help defending against yours. At the law firm of Andrew L. Schwartz, P.C., our Marietta burglary lawyer can prepare the strong defense you need to retain your freedom and protect your future. Call us now at (678) 853-2500 or reach out to us online to schedule a free consultation.
