{"id":372701,"date":"2016-09-30T17:44:41","date_gmt":"2016-09-30T22:44:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/georgia-law\/georgia-burglary-laws.html"},"modified":"2018-03-19T15:20:28","modified_gmt":"2018-03-19T20:20:28","slug":"georgia-burglary-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/georgia-law\/georgia-burglary-laws.html","title":{"rendered":"Georgia Burglary Laws"},"content":{"rendered":"\n
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Georgia Burglary Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Although burglary is often associated with theft or robbery, these are all different types of property crimes<\/a>. The difference between them usually depends on how the crime is committed. So, for example, robbery is a form of theft that involves the use or threat of force. The crime of burglary<\/a> requires a defendant to unlawfully enter into a structure such as a home or a business with the intent to commit a crime inside. However, the crime intended inside of a structure is not limited to theft but can include other crimes such as kidnapping or assault<\/a>.<\/p>\n

Georgia burglary laws distinguish between three forms of burglary, first degree burglary, second degree burglary, and "smash and grab" burglary.<\/p>\n

The elements for first degree burglary include:<\/p>\n

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  1. Entering or remaining in an occupied, unoccupied, or vacant dwelling house of another or any other dwelling structure; and<\/li>\n
  2. The intent to commit a felony or theft inside.<\/li>\n<\/ol>\n

    The same elements apply to second degree burglary except that this crime applies to structures that are not used as dwellings.<\/p>\n

    Smash and grab burglary is a crime against businesses and requires that a defendant:<\/p>\n

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    1. Intentionally enter a retail establishment;<\/li>\n
    2. Intend to commit a theft; and<\/li>\n
    3. Cause damages in excess of $500.<\/li>\n<\/ol>\n

      Each variant of burglary under Georgia law contains its own set of penalties with rather harsh maximum sentences.<\/p>\n

      Overview of Georgia Burglary Laws<\/h2>\n

      For more information on the specific burglary laws in Georgia, consult the chart below.<\/p>\n\n
      Statutes<\/b><\/td>\n
      Penalties and Sentences<\/b><\/td>\n

      First Degree Burglary<\/i><\/b>: This is a felony punishable by up to 20 years in prison.<\/p>\n

      Second Degree Burglary<\/i><\/b>: This is a felony punishable by up to 5 years in prison.<\/p>\n

      Smash and Grab Burglary<\/i><\/b>: This is a felony punishable by up to 20 years in prison and $100,000 in fines.<\/p>\n

      Defendants with 4 or more convictions of burglary in any degree may not have their sentences suspended, probated, deferred, or withheld.<\/p>\n<\/td>\n<\/tr>

      Defenses<\/b><\/td>\n

      Defenses to Georgia burglary laws include:<\/p>\n