Burglary offenses in Carrollton, Georgia, are felony offenses and carry the potential for substantial prison sentences if convicted. This offense is more than a standard theft case, as it involves entering into a building—like a residence—with the intention to commit a theft or a felony. While burglary is often lumped together with theft-based offenses, this charge is appropriate when a person breaks and enters with the intent to commit any felony.

If you are facing burglary charges, a dedicated theft attorney at our firm can help you fight back and protect yourself. They could create a strong, well-thought-out strategy to help you navigate the court system and potentially come out of it without a conviction on your record. Let a Carrollton burglary lawyer guide you confidently and correctly through every phase of your case today.

Understanding Burglary Charges

Burglary is a type of property crime that exists under state law. These cases can involve a variety of circumstances, but the offense generally involves breaking into the property with the intention to commit a felony or a theft. There are three types of burglary charges that a Carrollton attorney can help defend. They include first-degree, second-degree, and smash-and-grab burglary.

First-degree burglary is the most serious of the three offenses. This criminal charge occurs when an individual enters a structure that is used as a dwelling with the intent to commit a crime. If convicted, first-degree burglary could result in 20 years behind bars.

Second-degree burglary follows the same fact patterns as a first-degree charge. The difference between these offenses is that second-degree burglary involves breaking into a structure that is not used as a dwelling. Second-degree burglary typically includes things like barns or storage units.  The law considers burglarizing a dwelling a far more serious offense, which is the reason the maximum penalty for second-degree burglary is five years.

The final type of burglary is known as smash-and-grab burglary. This type of crime involves breaking into a retail establishment and causing more than $500 in damages. The maximum sentence for this type of burglary offense is 20 years and up to a $100,000 fine.

Viable Defense Strategies in Burglary Cases

An arrest for burglary can be scary, but it does not guarantee a conviction. This is important to understand, as avoiding a conviction means avoiding the penalties associated with this offense. A Carrollton burglary attorney could develop a winning defense strategy. Some possible strategies include:

Lack of Evidence

In a burglary case, it is up to the state to show beyond a reasonable doubt that the accused committed any crime. Often, the best possible defense is to highlight the state’s inability to prove its case. This means poking holes through the evidence as opposed to developing an alternate theory of what happened.

Reducing Charges

Some defense strategies are intended to reduce the severity of criminal penalties. For example, an attorney might make the case that the property burglarized was mistakenly identified as a dwelling. While this would not avoid a conviction, a reduction in charges could reduce potential penalties.

Lack of Intent

Most burglary cases involve the intent to commit a crime when breaking into another person’s property. That means the state must prove that this criminal intent exists. Without intent, the act is not burglary. It could be considered a lesser offense, however.

Reach Out to a Carrollton Burglary Attorney Today

If you face burglary charges in Carrollton, now is the time to start building your defense. The stakes are high, so you should not take on these efforts alone. Let an experienced legal professional from J. Ryan Brown Law fight tirelessly by your side today.

A Carrollton burglary lawyer upholds your right to be heard. Call us as soon as possible to get started.

J. Ryan Brown Law, LLC

J. Ryan Brown Law, LLC
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