Burglary Attorney
in Lawrenceville, GA

Burglary is a felony in Georgia, and a conviction creates a permanent record that affects your employment, housing, civil rights, and professional licensing for life. Philip Kim Law defends burglary charges across Lawrenceville and Gwinnett County with the depth of investigation and intensity of advocacy that high-stakes felony charges demand. If you’re facing charges, understanding your legal options early matters.

Call Now For a Free Consultation

What Is a Burglary Charge in Georgia?

A burglary charge can be disorienting, particularly for someone facing a felony for the first time, or where the facts are more complicated than the initial police report reflects.

Misidentification, presence at a scene without participation, and circumstantial evidence are all issues that arise in burglary cases and that bear careful examination.

Under O.C.G.A. § 16-7-1, burglary in the first degree is committed when a person, without authority and with the intent to commit a felony or theft, enters or remains within a dwelling house or any structure designed for use as a dwelling. Second-degree burglary applies to unauthorized entry into non-dwelling structures, including buildings, vehicles, railroad cars, watercraft, or aircraft, with the same intent requirement.

Importantly, no actual theft or completed felony is required. The combination of unauthorized entry and intent is sufficient for a charge.

Call Now For a Free Consultation

Potential Penalties for Burglary Charges

  • First-degree burglary
    • First conviction: 1–20 years
    • Second conviction: 2–20 years
    • Third or subsequent conviction: 5–25 years
  • Second-degree burglary
    • First conviction: 1–5 years
    • Second or subsequent conviction: 1–8 years
  • Fourth or subsequent conviction (any degree)
    • Sentence cannot be suspended, probated, deferred, or withheld

These escalating penalties are built directly into the statute, not a separate recidivist provision, and apply regardless of how much time has passed between convictions.

Burglary cases in Gwinnett County are heard in Superior Court. The statute of limitations for burglary is four years under O.C.G.A. § 17-3-1, subject to tolling for out-of-state defendants or other qualifying circumstances.

Step by Step
What Happens When You’re Charged with Burglary

1

Step 1 – Arrest or Investigation:

Burglary cases often begin with an arrest, a search of a home or vehicle, or a police investigation. The circumstances of how evidence was gathered, and whether constitutional rights were observed, is one of the first issues examined in any defense review.
2

Step 2 – Case Evaluation:

An attorney reviews the facts of the alleged entry, the evidence of intent, witness statements, surveillance footage, and any search or seizure issues, including whether a suppression motion may apply.

3

Step 3 – Suppression Motion (if applicable):

If evidence was obtained through an unlawful search or seizure, it may be challenged. A successful suppression motion can significantly affect whether the prosecution is able to proceed.

4

Step 4 – Degree and Intent Review:

Because burglary charges depend heavily on the type of structure entered and the prosecution’s ability to prove intent, the specific facts of the case determine both the charge level and the available defense strategies.

5

Step 5 – Negotiation or Trial:

Depending on the evidence and circumstances, outcomes may include dismissal, charge reduction, such as from first-degree to second-degree burglary or to a lesser offense, or acquittal at trial if the state cannot prove unauthorized entry and criminal intent beyond a reasonable doubt.

Facing Burglary Charges? Contact Us Today

What Our Clients Say

“I hired Mr. Kim to represent me in a case dating back a few years ago. I was extremely scared that my case would derail my career because of a previous mistake. Luckily, with Mr. Kim’s constant hard work and dedication, I was able to get the results I hoped for that wouldn’t hurt my future. I appreciate everything Mr. Kim has done and, if I had to do it all again, I would pick Mr. Kim every time. Thank you sir, you’re a life saver.”

– G. J.

“Highly recommended. Philip is pretty straightforward and honest. Provided a clear approach and execution. Kayley was extremely welcoming and supportive at the first meeting. Aide was on top of timelines. Pretty terrific group.”

– E. K.

“With much patience and Mr. Kim’s counsel, I was extremely satisfied with the outcome of my case. He is very honest and straightforward. He respected my decisions and really looks out for his clients. He truly wants the best for them. I also had a great experience with his office, as they were highly professional and communicated effectively. I highly recommend him.
Big thanks to Mr. Kim!”

– T. R.

“From start to finish, Philip Kim Law was professional, responsive, and incredibly knowledgeable. They took the time to explain every step of the process and made sure I understood all of my options. Thanks to their hard work, my case was dismissed, which was a huge relief and a far better outcome than I ever expected. I felt confident knowing I had someone truly fighting for me and my future.”

– W.S

“If you are looking for a lawyer and staff with integrity, excellent skills, and legal knowledge, not to mention a very professional and courteous attitude, this is the law office to go to. Mr. Kim handled my legal issue as a priority and had my best interest at heart. He did only what would be beneficial to me, not himself or anyone else. Finally a lawyer you can trust!”

– S.K.

Types of Burglary Cases We Handle in Georgia

First-Degree Burglary

We represent clients charged with burglary of a dwelling under O.C.G.A. § 16-7-1(b), where a conviction can carry 1 to 20 years in prison and where the stakes increase significantly with each prior conviction.

Second-Degree Burglary

We defend clients charged with unauthorized entry into non-dwelling structures under O.C.G.A. § 16-7-1(c), including commercial buildings, vehicles, and other structures where the intent element is disputed.

Smash and Grab Burglary

We handle cases charged under O.C.G.A. § 16-7-2, which applies specifically to retail establishments and carries enhanced penalties of 2 to 20 years, separate from standard burglary charges.

What Outcomes May Be Possible For Your Burglary Case

Every case is different, and no outcome can be guaranteed. That said, several legal avenues are commonly evaluated depending on the facts.

  • Dismissal – Where the prosecution cannot establish criminal intent, the identification evidence is unreliable, or the entry was authorized, the charge may not be sustainable and dismissal may be pursued.
  • Reduction to criminal trespass – Criminal trespass is a misdemeanor under O.C.G.A. § 16-7-21. Where the evidence of intent is weak or disputed, a reduction from felony burglary to criminal trespass represents a significant difference in exposure and long-term consequences.
  • Plea to a lesser offense – Depending on the facts and the prosecution’s evidence, a negotiated resolution to a reduced charge may be available short of trial.
  • Acquittal at trial – Where the state’s case rests on circumstantial evidence or contested eyewitness identification, a not-guilty verdict at trial remains a viable outcome.
  • Minimum sentencing – Where a conviction cannot be avoided, the range of penalties under O.C.G.A. § 16-7-1 still allows for meaningful differences in outcome. Arguing for the low end of the sentencing range, or for probation where available, is part of effective representation at every stage.

Burglary cases are often built on circumstantial evidence and eyewitness identification, two of the most contestable forms of proof in the criminal justice system. Contact a criminal defense attorney today and let’s get started on discussing your available options tailored to your situation.

Why You Need a Burglary Attorney in Georgia

Local court knowledge

Burglary cases in Gwinnett County follow specific procedures, and familiarity with those procedures and the courts that handle them, matters when building a defense against a felony charge.

Prosecutorial familiarity

Prosecutors approach burglary cases differently depending on the degree of the charge, the type of structure involved, and the defendant’s history. Understanding those tendencies can inform how a case is prepared, negotiated, and presented.

End-to-end experience

From the initial arrest through arraignment, motions, and potential trial, Philip Kim Law has handled burglary cases through every stage of the Gwinnett County Superior Court system.

A burglary conviction in Georgia is a felony that can mean years in prison, a permanent criminal record, and consequences that affect employment, housing, and civil rights long after a sentence is served. The degree of the charge and the strength of the evidence both matter, and both can be challenged.

Frequently Asked Questions About Burglary Charges in Georgia

View All FAQs

No. Georgia’s burglary statute requires only unauthorized entry combined with the intent to commit a theft or felony inside. No actual theft or completed crime is necessary, if the state can prove intent existed at the time of entry or while remaining on the premises, a burglary charge can stand even if nothing was taken.

The distinction turns on the type of structure involved. First-degree burglary applies to dwellings, such as structures designed or used as a residence, and carries 1 to 20 years for a first conviction. Second-degree burglary applies to non-dwelling structures such as commercial buildings and vehicles, and carries 1 to 5 years for a first conviction. The difference significantly affects sentencing exposure and available defense strategies.

In some cases, yes. Criminal trespass is a misdemeanor under O.C.G.A. § 16-7-21 and represents a substantial reduction in exposure compared to a felony burglary conviction. Whether a reduction is available depends on the strength of the evidence, the specific facts, and the prosecution’s position.

Under Georgia’s party-to-a-crime statute (O.C.G.A. § 16-2-20), a person who aids or assists in the commission of a crime can be charged and convicted as a principal, even without entering the structure. The specific role alleged and the evidence supporting it are both subject to challenge.

Surveillance footage is treated as significant evidence, but it is not conclusive. The quality, angle, lighting, and completeness of the footage all bear on its reliability, as does the process by which any identification from that footage was made. These are all areas subject to scrutiny and challenge.

Co-defendant testimony is common in burglary cases and carries inherent credibility concerns, particularly where the witness has entered into a plea agreement that reduces their own exposure. The terms of any such agreement and the witness’s motivation to testify are relevant to how their testimony is evaluated at trial.

Protect Your Rights Today, Contact Our Burglary Attorneys to Get Started On Your Defense

If you have been charged with burglary in Gwinnett County, the decisions made in the early stages of a case matter.

At Philip Kim Law, we review the circumstances of the arrest, the evidence of intent, and the identification behind the charge, and support our clients on their options from the first conversation. Contact us at (678) 273-3500 today to schedule a free, confidential consultation.

Call Now For a Free Consultation

    15 + ten =