Georgia Burglary by Breaking and Entering
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FAQ
Breaking and Entering To be convicted of burglary, you must enter into a building, car, or house without permission. The building can be occupied, unoccupied, or vacant.
A person convicted of the offense of home invasion in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for life or imprisonment for not less than ten nor more than 20 years and by a fine of not more than $100,000.00.
Burglary is completed when a person enters the dwelling house of another without authority and with intent to commit a felony or a theft therein, regardless of whether or not the person accomplishes that apparent purpose. Ricks v. State, 178 Ga. App.
While both involve illegal entry to a property, burglary requires a criminal intent beyond the unlawful entry, whereas breaking and entering does not. Burglary and breaking and entering are both serious offenses characterized by unauthorized access to private property.
As long as there is the intent to commit a crime, it can constitute burglary. There is no breaking and entering requirement. The offender may trespass through an open door. This is different from robbery, which involves the use of force or fear to obtain another person's property.
Burglary ? Penal Code 459 Although using force or fraud to gain entry into someone else's property with such intent is considered burglary, forced entry is not required in order to be charged with or convicted of burglary.
Breaking and entering is defined as the entering of a building through force without authorization. The slightest force including pushing open a door is all that is necessary. Breaking also includes entering a building through fraud, threats, or collusion.
Under Georgia law, criminal trespassing is the misdemeanor offense of knowingly entering another person's property without consent/authorization or intentionally defacing, destroying, or demolishing any part of a property totaling $500 or less in damages. Properties include: homes, apartments, open land, and vehicles.
