Category Archives: Burglary

Conviction of a Georgia Burglary Carries Severe Penalties

According to the Georgia Bureau of Investigation, Georgia burglary statistics for 2011 show that there were 94,044 burglaries reported, with Georgia burglary accounting for 24.30% of reported crimes. There is a Georgia burglary rate of 958.1 per every 100,000 residents. In the State of Georgia, burglary is the act of entering or remaining in any type of structure, building or vehicle without permission and with the intent of committing a felony.

Georgia Burglary Sentences

Burglary is a crime taken very seriously in Georgia and the severity of the penalty with conviction depends on whether you are charged with 1st, 2nd, or 3rd degree burglary. Even if the act of burglary is not completed and you are charged with criminal attempt, the penalty is based on the originally intended crime. Penalties for Atlanta burglary can range from a fine to probation, to a minimum of 1 year to a maximum of 20 years in prison. For a 1st Georgia burglary conviction the judge may sentence you from 1-20 years, for a 2nd conviction you face 2-20 years, and for a 3rd conviction the penalty is 5-20 years – Georgia law requires the minimum jail term be served if convicted.

Types of Atlanta Burglary Convictions

  • First Degree Burglary: This term describes the crime as unlawfully entering a private home, structure, boat, vehicle, etc., where the person intends to commit a crime against the property or the person/people in the property. First degree Atlanta burglary is a Class A felony and carries more severe punishments.
  • Second Degree Burglary: This type of burglary involves entering and theft from a business or commercial property. While theft can be petty theft or grand larceny, the conviction of burglary deals specifically with the act of unlawful entry with the intent to commit a crime.
  • Third Degree Burglary: This term includes entering a home, a business, a private or commercial structure with the intent to steal or to commit other felonies. The issue of intent may be a defense strategy used by your Atlanta burglary attorney in that you may have had a legal purpose for being present on the property or that you did not have initial intent when you entered the building.

Very often the difference between being charged with a 1st, 2nd or 3rd degree Atlanta burglary depends on if anyone was in the home or business, the presence or use of a weapon, and the type of tools used to gain access to the building, as well as the type of establishment (i.e., bank or financial institution, pharmacy with the intent to steal narcotics). If you have been arrested for an Atlanta burglary you need immediate expert criminal representation to protect your rights and to begin the stages of defense – call your Atlanta Georgia burglary attorney Lisa Wells for the legal defense strategies that you need.

Atlanta Burglary Attorney

Retaining a qualified experienced Georgia burglary attorney is of the utmost importance. You need a criminal defense lawyer who understands the Georgia legal system, State of Georgia Court proceedings and how to develop the best defense strategy for your case. You may be able to negotiate a plea agreement, be able to reduce the degree and type of crime charged against you, have evidence ruled inadmissible, or successfully present your defense to the Court where charges are dismissed or significantly reduced.

The Atlanta burglary criminal defense attorney to call is Lisa Wells – every case is different, and each defense strategy needs to be customized to the specific situation and extenuating circumstances. If you are facing Georgia burglary charges, call today to set up an initial consultation visit. Your life and your future hang in the balance – your choice of a criminal defense attorney can have life-altering consequences and hardships for both you and your family – Make the call!

False Imprisonment is a Violation of Your 4th Amendment Rights

In the State of Georgia, the law dealing with false imprisonment has been changed so that those who are falsely imprisoned may now hold the business or person responsible for violation of their constitutional rights. False imprisonment includes the arrest, confinement or detainment of a person without legal authority.

Georgia False Imprisonment Charges May be Made Against Anyone

False imprisonment charges can be made against anyone who illegally detains or confines you. The person being charged does not have to be a police or security officer. The law applies to anyone who stops or detains you, including a business owner, a debt collector, an employee at a public or private business, a grocery store manager or even a taxi cab driver. While a police officer may make a false arrest for DUI or theft and confine you in a holding cell, a business owner may confine you in an office against your will.

Time Limit Restrictions for Atlanta False Imprisonment Charges

According to Black’s Law Dictionary Atlanta’s false imprisonment or false arrest charges have a limited time frame in which to file a claim or forfeit their right to any type of compensation or award. The false imprisonment charge is generally made against the specific person or people that illegally detained you. In a false arrest or imprisonment charge the typical conclusion results in monetary compensation.

Gathering Evidence Quickly is Critical to Prove False Arrest

In any false arrest or imprisonment claim retaining an Atlanta false arrest attorney immediately is necessary to successfully make the charge stand up under legal scrutiny. Evidence and witness statements need to be found or discovered to back up your claim. With changes in Georgia law the accuser or the one who falsely detained you must prove reasonable cause and proper behavior for their actions.

The authority or person who falsely imprisoned you does have the right to briefly detain you, however they do not have the right to physically detain you, threaten you with harm or public embarrassment, subject you to emotional distress, confine you or refuse to call the local authorities who would have precedence in that matter. Acting quickly to retain a well qualified Atlanta criminal lawyer in false arrest cases increases the ability to find and gather needed evidence to prove your claim.

Criteria for Legal Georgia Arrest and Imprisonment

An experienced criminal attorney knows how to prepare for a case where compensation for violation of your 4th amendment rights has occurred. Evaluating the evidence for a legal detainment or false arrest includes whether the accuser personally observed you take an item and leave the store without paying for it. The person detaining you must have personally seen you take the item or used store security cameras to “catch” you in the act; you cannot be detained because you are suspected of theft or other crime.

When you are charged with DUI specific criteria must be followed or the case can be dismissed in court. False imprisonment can be made for theft, DUI, violence, damage to property, use of illegal substances and the like. All detainments need evidence to be supplied or a false imprisonment charge can be made.

Atlanta False Imprisonment Attorney

In the State of Georgia, false arrest and imprisonment is a criminal offense. If you have been falsely accused of a crime and feel your rights have been violated, call the expert in Atlanta false arrest – Make your first call to Lisa Wells, the Georgia false imprisonment attorney with a long history of successful criminal litigation and compensation awards.