State and federal criminal laws can be confusing. Most people go through their lives without having to deal with criminal laws. As a consequence, not fully understanding the parameters of these types of statutes is perfectly understandable. An example of a type of criminal law that oftentimes is misconstrued by Georgia residents are those statutes associated with burglary.
Common misconception about burglary
When it comes to burglary, a considerable number of people believe that for this type of crime to occur, someone must break into a property and steal something. The idea that a burglary must involve theft is a common misconception.
What is burglary?
Burglary involves the unlawful entering into a building or structure with the intent to commit some other type of crime while inside. This can include a wide array of offenses beyond theft, including violent crimes. For example, if someone commits a home invasion and perpetrates a sexual assault, that individual could be charges in Georgia with a variety of different crimes, including burglary.
A building need not be occupied at the time of an unlawful entry for a burglary to occur. The threshold requirement is that someone enters into a structure without authorization to do so and with the intent to engage in some other type of criminality after entering.
If you or a loved one face the prospect of being charged and prosecuted for burglary or another serious crime, you not only have the right to legal counsel but you can best protect your legal interests by retaining a lawyer. Being convicted of a felony can not only mean incarceration and fines, but it can have a profound effect on your future job and housing prospects.