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Burglary Charges in Newnan, GA

Charged with Burglary in Georgia? Here’s What You Need to Know

A burglary charge can upend your future, your reputation, and your freedom. If you’re facing burglary allegations in Newnan or anywhere in Coweta County, you need a defense team that knows how to fight felony charges—and win. At J. Ryan Brown Law, we’re not here to judge you. We’re here to protect your rights, confront the evidence, and develop a strategic defense to keep your life on track.

Whether you’re accused of first-degree burglary, second-degree burglary, or smash and grab burglary, the stakes are high—and so are the penalties. Our firm knows the Georgia Code inside and out, and we’ll walk you through every phase of your case with clarity, urgency, and confidence.

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What Constitutes Burglary Under Georgia Law?

Burglary in the First Degree — O.C.G.A. § 16-7-1(b)

Under Georgia Code § 16-7-1(b), burglary in the first degree occurs when someone enters or remains in a dwelling without authority and with the intent to commit a felony or theft inside. This includes any occupied, unoccupied, or vacant home or structure used as a residence, such as:

  • Houses
  • Apartments
  • Mobile homes
  • Boats or trailers used for living purposes
  • Railroad cars or other vehicles designed for dwelling

First-degree burglary is always charged as a felony, and the penalties are severe:

  • First offense: 1–20 years in prison
  • Second offense: 2–20 years
  • Third or subsequent offense: 5–25 years

These aren’t charges you want to gamble with. You need a lawyer who knows how to challenge both the alleged intent and whether the space qualifies as a “dwelling” under the law.

Burglary in the Second Degree — O.C.G.A. § 16-7-1(c)

Second-degree burglary under Georgia law is similar, but instead of a residential dwelling, it involves unauthorized entry into non-dwelling structures, such as:

  • Businesses
  • Sheds
  • Garages
  • Warehouses
  • Non-residential vehicles or containers

The element of intent to commit theft or a felony still applies.

Penalties for second-degree burglary include:

  • First offense: 1–5 years in prison
  • Second or subsequent offenses: 1–8 years in prison

While the penalties may seem lighter than first-degree charges, any felony conviction can follow you for life. That includes background checks, housing applications, employment opportunities, and more.

Smash and Grab Burglary — O.C.G.A. § 16-7-2

Georgia also has a separate statute for “smash and grab” burglary. You can be charged under O.C.G.A. § 16-7-2 if:

  • You intentionally and unlawfully enter a retail establishment;
  • You do so with the intent to steal;
  • You cause more than $500 in property damage while entering.

Examples might include breaking a storefront window to steal electronics, merchandise, or cash from a register. This is a separate felony with enhanced penalties:

  • First offense: 2–20 years in prison and/or a fine up to $100,000
  • Second/subsequent offense: 5–20 years and/or fine up to $100,000

Because this statute is unique to retail establishments, the prosecutor must prove specific elements—including the extent of the damage and the intent behind your actions. These cases are often built on surveillance footage, witness statements, or store owner testimony. At J. Ryan Brown Law, we scrutinize every piece of evidence for inconsistencies or constitutional violations.

Key Issues We Examine in a Georgia Burglary Case

1. Did You Actually Enter Without Authority?

To prove burglary, prosecutors must show you entered the property without permission. But this can get murky fast:

  • Were you previously invited but overstayed your welcome?
  • Did you have reason to believe you had access (e.g., through a friend or co-tenant)?
  • Was the property abandoned or clearly unoccupied?

We work to uncover evidence that casts doubt on the alleged unlawful entry—or shows your presence was mischaracterized altogether.

2. Was There Intent to Commit a Felony or Theft?

One of the most important elements of a burglary charge is intent. The state must prove that you intended to commit a theft or felony at the time you entered the property. That’s not always as clear-cut as it sounds. Maybe you entered for a completely unrelated reason, or maybe the theft accusation was fabricated. Without solid proof of intent, the prosecution’s case weakens.

3. Was This a Dwelling or Non-Dwelling?

The type of structure involved determines whether you face first-degree or second-degree burglary. We’ve seen cases where prosecutors try to stretch the definition of “dwelling” to increase penalties. We push back with facts, legal precedent, and expert testimony when needed.

4. Are There Search or Seizure Issues?

If law enforcement recovered evidence through an illegal search or improper warrant execution, we move quickly to suppress that evidence. Unlawful police conduct can make or break a burglary case.

Possible Defenses to a Burglary Charge

No two burglary cases are the same—and your defense shouldn’t be either. Depending on the facts, we may assert defenses such as:

  • Consent or mistaken identity
  • Lack of criminal intent
  • False allegations by a neighbor, former partner, or business owner
  • Entrapment by law enforcement
  • Lack of proof of damage (for smash and grab charges)

We also explore whether we can resolve the case outside of court through diversion programs, reduction to a misdemeanor, or a dismissal based on lack of evidence.

Areas Served

Bibb County

  • Macon-Bibb
  • Payne City

Carroll County

  • Carrollton
  • Villa Rica
  • Bremen
  • Temple
  • Bowdon
  • Mount Zion
  • Whitesburg
  • Roopville

Coweta County

  • Newnan
  • Grantville
  • Haralson
  • Moreland
  • Palmetto
  • Senoia
  • Sharpsburg
  • Turin

Fulton County

  • Atlanta
  • Sandy Springs
  • Roswell
  • Johns Creek
  • Alpharetta
  • Milton
  • East Point
  • College Park
  • Fairburn
  • Hapeville
  • Mountain Park
  • Palmetto
  • South Fulton
  • Union City
  • Chattahoochee Hills

Glynn County

  • Brunswick
  • Jekyll Island
  • Saint Simons

Spalding County

  • Griffin
  • Sunny Side
  • Locust Grove
  • Williamson
  • Hampton
  • Brooks

Why Hire J. Ryan Brown Law to Defend You?

At J. Ryan Brown Law, we understand how overwhelming felony charges can feel—but we don’t let fear dictate our strategy. We’ve built our practice on the belief that every person deserves a passionate, thorough, and realistic defense.

Here’s what sets us apart:

  • We focus on results. Not every case goes to trial, but we prepare as if it will.
  • We treat you like a person—not a case file. You’ll always know where your case stands.
  • We know Georgia law—and how prosecutors think. We use that insight to get ahead of the charge.
  • We fight hard for clean records, minimized charges, and second chances.

This charge doesn’t have to define your life. Whether you’re a first-time defendant or facing repeat charges, we’re here to help you take the next step with confidence.

What to Do If You’ve Been Accused of Burglary in Newnan

If you’re being investigated, have been arrested, or believe charges are coming soon, take these steps immediately:

  • Do not speak to police or investigators without a lawyer present.
  • Avoid discussing your case with anyone other than your attorney.
  • Preserve any messages, videos, or documents that may support your side.
  • Contact J. Ryan Brown Law as soon as possible.

We’ll act quickly to protect your rights, preserve evidence, and build your defense from day one.

Serving Newnan and Beyond

Our firm is proud to represent clients across Coweta County and surrounding communities. We handle burglary cases in:

  • Newnan
  • Grantville
  • Moreland
  • Senoia
  • Palmetto (Coweta portion)
  • And beyond

Whether you’re facing your first charge or you’re worried about a prior record complicating things, we tailor our defense to your circumstances and goals.

Fulton County Superior Court
Handles felony criminal cases in Georgia’s busiest court system.
  • Address 136 Pryor St SW, Atlanta, GA 30303
  • Hours Mon–Fri, 8:30 AM – 5:00 PM
  • Phone (404) 612-4518
Carroll County Superior Court
Handles felonies and serious criminal matters in Carroll County.
  • Address 311 Newnan St, Carrollton, GA 30117
  • Hours Mon–Fri, 8:00 AM – 5:00 PM
  • Phone (770) 830-5830
Coweta County Superior Court
Presides over felony charges and major criminal cases.
  • Address 72 Greenville St, Newnan, GA 30263
  • Hours Mon–Fri, 8:00 AM – 5:00 PM
  • Phone (770) 254-2695
Heard County Superior Court
Handles felony-level criminal cases and grand jury indictments.
  • Address 215 E Court Sq, Franklin, GA 30217
  • Hours Mon–Fri, 8:00 AM – 5:00 PM
  • Phone (706) 675-3301
Meriwether County Superior Court
Oversees serious criminal cases for Meriwether County.
  • Address 100 Court Sq, Greenville, GA 30222
  • Hours Mon–Fri, 8:00 AM – 5:00 PM
  • Phone (706) 672-3214
Troup County Superior Court
Handles felony prosecutions and criminal court matters.
  • Address 100 Ridley Ave, LaGrange, GA 30240
  • Hours Mon–Fri, 8:00 AM – 5:00 PM
  • Phone (706) 883-1740

Talk to a Newnan Burglary Lawyer Today

A burglary charge can lead to serious prison time, a permanent criminal record, and the loss of future opportunities—but you still have options. You have rights. And you have a legal team that’s ready to defend them.

Call J. Ryan Brown Law today to schedule a confidential consultation. Let’s start fighting back.

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