Fulton County Burglary Lawyer
Burglary is one of the most serious crimes in Fulton County. A conviction could have life-altering implications, including a lengthy prison term, followed by probation and hefty fines.
Thankfully, not every burglary arrest results in a conviction, especially with the guidance of an experienced criminal defense attorney at Hawkins Spizman. One of our lawyers could advocate for an acquittal in court or convince the prosecution to dismiss these charges before a trial becomes necessary. A vigorous defense from a Fulton County burglary lawyer could make all the difference in the outcome of a case.
Burglary Laws in Fulton County
The Official Code of Georgia §16-7-1 defines burglary as an offense involving someone breaking and entering with the intent to commit a felony. Although many assume that this intended crime must be theft, any felony qualifies under the statute.
Historically, burglary had to be committed during the night. However, most jurisdictions have done away with this requirement and recognize that this crime can occur at any time of day. These charges also traditionally involved breaking and entering into a home or dwelling, but the statute now includes any inhabitable building or vehicle within the definition of burglary.
Establishing Intent in Burglary Cases
For a burglary conviction, a case must involve more than just breaking into a structure or vehicle. This crime also requires the intent to commit a felony upon entering. Common felonies include theft, kidnapping, or assault.
However, a conviction is possible even if the underlying felony is never committed. For example, a person who breaks into the home of a Fulton County resident with the intent to steal from them has committed burglary even if they ultimately do not take anything.
Because intent is subjective, it is a legal area in which a persuasive lawyer could assert a strong defense. When contesting burglary charges in Fulton County, a skilled attorney could make the case that the accused lacked the intent to commit a felony after breaking into and entering a structure or vehicle. Even if the state can prove the other elements of the crime, they will fail to obtain a conviction if they cannot establish intent.
While the lack of intent might prevent a conviction for burglary, it is important to note that it might not serve as a defense to every charge. For example, a conviction for trespassing could still be possible following an acquittal for burglary. Our legal team could work to defend the accused from charges of burglary as well as other underlying offenses.
Jail Time Penalties in Fulton County
Burglary is a felony offense under Georgia law. Even for first-time offenders, a conviction could result in up to a maximum of 20 years in state prison. Additional convictions could also include mandatory minimum sentences of at least two years. For those charged with burglary, a Fulton County burglary lawyer could advise how much jail time they may face for their specific case.
Reach Out to a Fulton County Burglary Attorney
Following an arrest for burglary, it is crucial that you aggressively pursue a viable defense. The state will not hesitate when building their case against you, so the sooner you engage legal counsel, the sooner you can even the playing field. Let a Fulton County burglary lawyer assist you throughout the course of these criminal proceedings. Call Hawkins Spizman right away to learn more.