Lawrenceville Burglary Attorney: Protecting Your Rights in Georgia

Burglary is one of the more serious criminal charges a person can face in Georgia. Under state law, burglary involves unlawfully entering or remaining inside a dwelling, business, or other premises with the intent to commit theft or another crime.

If you’re searching for a Lawrenceville burglary Attorney, the most important thing to know is that intent is often the focus of the case—and early legal guidance can help you avoid costly mistakes.

This makes burglary different from criminal trespass, which can involve entering property without permission but without the intent to commit a crime.

If you are accused of burglary in Gwinnett County or anywhere in Georgia, working with an experienced criminal defense attorney at Philip Kim Law, PC can make all the difference in protecting your future.

Georgia law treats burglary as a serious felony offense. The punishment depends on whether the charge is first degree burglary or second degree burglary, as outlined in the Georgia Code. A judge will also consider factors such as prior convictions, whether the structure was a home or business, and whether anyone was inside at the time of the alleged offense.

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

First-degree burglary applies when a person enters or remains inside an occupied dwelling, house, or residential structure with the intent to commit theft or another felony.

Penalties: 1 to 20 years in prison for a first offense.
Repeat offenses: A second conviction carries a mandatory minimum of 2 years, and a third conviction requires at least 5 years in prison.

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

Second degree burglary involves unlawfully entering or remaining inside a non-residential building or structure, such as a business, warehouse, or storage facility, with criminal intent.

Penalties: 1 to 5 years in prison for a first offense.
Repeat offenses: Subsequent convictions increase the sentencing range to 1 to 8 years.

Aggravating Circumstances

Certain factors can increase the severity of a sentence, including:

• The use of weapons during the burglary
• Causing injury to another person
• Committing burglary while on probation or parole

In such cases, judges may impose the maximum allowable penalty or deny probation altogether.

Beyond Jail Time: What a Conviction Can Impact

A burglary conviction can also create long-term problems, including:

• Ineligibility for certain jobs or professional licenses
• Difficulty obtaining housing or loans
• A permanent felony record under Georgia law

Every burglary case is unique, and the right defense depends on the facts, evidence, and circumstances of the arrest. A skilled defense lawyer will evaluate strategies that fit your situation.

Lack of Intent

Intent is a key element of burglary. If the prosecution cannot prove you entered the property intending to commit a theft or felony, the charge may not stand.

Mistaken Identity

Some cases rely on eyewitnesses or surveillance footage, which can be unreliable. Your attorney can challenge identification evidence and present facts supporting your defense.

Permission to Enter

If you had the owner’s consent to be inside the home, business, or other structure, the prosecution may not be able to prove unlawful entry. Text messages, emails, or witness testimony may help show permission.

Weak or Unlawful Evidence

If evidence is weak, inconsistent, improperly obtained, or the result of an unlawful search, your lawyer may challenge it and seek suppression of key evidence.

Being accused of burglary triggers a legal process that moves quickly. Generally, you can expect the following:

1. Arrest and booking – You are taken into custody, fingerprinted, and processed.
2. First appearance – The judge informs you of your charges and sets bail conditions.
3. Preliminary hearing – The prosecution must show probable cause for your arrest.
4. Indictment or formal charges – A grand jury may indict you if the case moves forward.
5. Pre-trial motions – Your attorney may challenge evidence or request dismissal of charges.
6. Trial – If the case is not resolved by plea agreement or dismissal, it proceeds to trial.
7. Sentencing – If convicted, the court imposes penalties within statutory ranges.

Throughout this process, a strong criminal defense lawyer can safeguard your rights, negotiate with prosecutors, and prepare for trial if necessary.

Burglary cases are high-stakes, and the right defense plan depends on the facts and evidence. Philip Kim Law, PC can help by:

• Reviewing the accusation and building a defense strategy
• Examining evidence such as video, fingerprints, and witness statements
• Filing motions to suppress unlawfully obtained evidence
• Negotiating for reduced charges or alternative sentencing options
• Preparing for trial and representing you in court in Gwinnett County

If you or a loved one is facing burglary charges in Georgia, the time to act is now. Early legal intervention can significantly impact the outcome of your case. Contact Philip Kim Law, P.C. today at (678) 203-4590 or reach out online to schedule a confidential consultation with a skilled defense attorney.

Do I have to steal something to be charged with burglary in Georgia?

No. Prosecutors do not have to prove that anything was taken. They generally must prove unlawful entry (or remaining) and intent to commit theft or another crime once inside.

What’s the difference between burglary and criminal trespass?

Burglary involves unlawful entry (or remaining) plus intent to commit a theft or felony. Criminal trespass typically involves entering property without permission but without intent to commit another crime.

What happens at a first court appearance after a burglary arrest?

At a first appearance, the judge informs you of the charges and addresses bond conditions. Early legal guidance can help protect your rights and prevent avoidable mistakes.

Can burglary charges be reduced or dismissed?

Sometimes. Outcomes depend on evidence, intent, identification, and whether law enforcement followed proper procedures. A defense lawyer may negotiate reductions, challenge evidence, or seek dismissal where appropriate.