Atlanta Burglary Attorney

Under English common law, a burglary was the breaking and entering into another’s dwelling at night with the intent to commit a felony therein. Many of the elements of common law burglary have been eliminated or modified.

Breaking – The common law requirement that there be some setting aside or moving of some part of the structure -- such as breaking a lock or opening a door – has gone by the wayside. Under most modern laws, reaching a hand through an open window or stepping into an open door would be sufficient “breaking of the close” to constitute burglary.

Dwelling – The law surrounding burglaries was originally designed to protect the sanctity of the home. Thus, entering a store or car with intent to steal would not be a crime. Some states have separate statutes for entering autos or lesser penalties for burglaries in a commercial establishment. A typical statute would require that the intrusion be into a “place dedicated to overnight accommodations.”

Under Georgia law, (O.C.G.A. 16-7-1) a person commits the crime of burglary when

without authority; and
with intent to commit a felony or theft therein;
he enters or remains within

the dwelling house of another; or
any building, vehicle, railroad car, watercraft; or
other such structure designed for use as the dwelling of another.

Penalty: In Georgia burglary is a twenty-year felony with an increasing minimum sentences for subsequent convictions.

Criminal Trespass is a crime related to, but less serious than burglary. This describes an invasion of the dwelling in violation of the rights of the owner where there is no intent to commit a crime in the dwelling. Criminal trespass is often a misdemeanor.

Georgia’s criminal trespass statute,O.C.G.A. 16-7-21, covers two separate and distinct offenses:

1. Intentionally damaging or interfering with the property of another where the property has a value less than $500;
2. Entering or remaining on another’s property, including another’s vehicle, railroad car, aircraft or watercraft, either

a. For an unlawful purpose; or
b. After a demand not to enter or to leave.

If you are charged with burglary, you need to have a trained and experienced criminal attorney on your side to guide you. Burglary is taken very seriously by Georgia prosecutors and judges. Many people convicted of this crime go to prison.

Peter Odom has been practicing criminal law for over twenty years. Clients rely on his experience and expertise every day in criminal matters throughout the Atlanta Metropolitan area. If you have been charged with a serious crime like burglary, do not try to go it alone: Call The Odom Law Firm. Your initial consultation costs you nothing.

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The Odom Law Firm
1708 Peachtree Street, Suite 115
Atlanta, GA 30309
Phone: (404) 872-0303
Fax: (404) 872-0606

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