Person wearing a brown jacket uses a sledgehammer to break the glass front door of someone's business

Georgia Penalties for Burglary

There are two main types of burglary in the state of Georgia, including:

  • Burglary in the first degree
  • Burglary in the second degree

Georgia’s Burglary Laws

Georgia Code §16-7-1 states that a burglary in the first degree is committed when someone enters another’s dwelling without permission with the intent to commit a felony or theft. The occupied or unoccupied dwellings included in the law are as follows:

  • Vacant dwelling house
  • Any:
    • Building,
    • Vehicle,
    • Railroad car,
    • Watercraft,
    • Aircraft, or
    • Other such structure designed for use as the dwelling of another.

Similarly, burglary in the second degree occurs when a person occupies someone else’s space without receiving their permission. The following occupied or unoccupied spaces are included in the law:

  • Vacant building
  • Structure
  • Vehicle
  • Railroad car
  • Watercraft
  • Aircraft

Penalties for Burglary in Georgia

The following consequences are upheld against anyone who commits a burglary:

  • Burglary Level I:
    • Non-dwelling, less than $300, one count
    • 15 to 26 months imprisonment
  • Burglary Level II:
    • Non-dwelling, $300 to $2,000, one count
    • 18 to 28 months imprisonment
  • Burglary Level III:
    • Non-dwelling, 2 to 5 counts, or $2,001 to $5,000
    • 20 to 32 months imprisonment
  • Burglary Level IV:
    • Non-dwelling, over $5,000 or 6 or more counts
    • 22 to 38 months imprisonment
  • Burglary Level VI:
    • Unoccupied dwelling
    • 36 to 78 months imprisonment
  • Burglary Level VIII:
    • Occupied residence
    • 65% to 90% of the prison sentence must be served

Georgia considers burglary in any degree a forcible felony. This type of offense is a felony involving the use or threat of physical force or violence against someone. A felony is an offense punishable by imprisonment for at least one year.

If charged with a forcible felony, under Georgia Code §35-3-33, the state is entitled to “obtain and file fingerprints, descriptions, photographs, and any other pertinent identifying data” related to the offender.

If you’ve been arrested for burglary, it’s critical that you seek experienced legal representation right away. Your freedom is nothing to take a chance on.

Contact our office today by calling (770) 884-4708 or by filling out the online contact form to discuss the details of your case with our skilled Atlanta criminal defense attorney.