Burglary & Home Invasion

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A charge of Burglary in Georgia can be a life changing event and no one wants to be dealt the worst of consequences. This kind of charge is not something that the courts will turn a bling eye to. A conviction from this charge means a permanent mark on your criminal record, heavy jail time, and more unforeseen consequences. 

If you or a loved one are facing these charges it is extremely important to retain an adequate criminal defense attorney to fight your charges. Having an experienced criminal defense attorney by your side helps maximize your chances at improving your outcome and having your rights properly and thoroughly defended. 

Our firm specializes in criminal defense. Call the office of The LaScala Law Firm today (404)-881-8866. We are located in Atlanta, Georgia and serve throughout Metro Atlanta.

Michael LaScala

Burglary and Home Invasion Laws in Georgia

Most Burglary and Home Invasion charges in Georgia are automatic felonies. Felonies are the worst possible charge that you could face. Unlike misdemeanors, felonies mean stiffer penalties. This can be longer jail time and heavy penalties. 

  • Burglary in the First Degree:

A person is convicted of this crime if the prosecution proves that the defendant unlawfully and without authority entered into a dwelling with the intent of committing theft or another felonious act. A person can also be convicted of this charge if they entered into not just a dwelling but also a building, car, or other such structure

  • Home Invasion in the First Degree:

A person commits Home Invasion in the First Degree if they enter a dwelling unlawfully with the intent to commit a felony and they are in possession of a deadly weapon and attempt to harm or do harm a person with the authority to be within said dwelling.

  • Burglary in the Second Degree:

This charge is very similar to its first-degree counterpart with the exception that it does not apply to dwellings (houses or buildings meant to be lived/occupied). It also does not include the provision that accuses the person of intending to commit another felony within the building.

  • Home Invasion in the Second Degree:

A person can be charged with Home Invasion in the Second Degree if they enter a dwelling with a deadly weapon and they attempt to commit a misdemeanor while also using the weapon and attempting to commit bodily harm or actually commit bodily harm to a person present lawfully within the dwelling.

Penalties for Burglary and Home Invasion Charges in Georgia

A first time conviction of Burglary in the First Degree can be met with 1 to 20 years imprisonment. A second conviction can mean 2 to 20 years and a third conviction can mean 5 to 20 years behind bars. Conviction due to Burglary in the Second Degree can mean 1 to 5 years imprisonment for the first conviction and a second conviction can mean 1 to 8 years behind bars. 

A conviction for Home Invasion in the First Degree carries the possibility of life imprisonment or 10 to 20 years in prison as well as up to $100,000 in fines. A conviction for Home Invasion in the Second Degree can mean 5 to 20 years imprisonment and up to $100,000 in fines.