Legal Video Library

Burglary Defined Under Georgia Law

• Burglary involves entering a building, home, or structure without permission with intent to commit a felony or theft inside.

• Physical confrontation is not required, the crime focuses on unlawful entry plus criminal intent.

• Burglary is classified in degrees, with First Degree involving dwellings and Second Degree involving non-residential buildings.

• Penalties include 1, 20 years in prison for first degree and 1, 5 years (or more for repeat offenders) for second degree.

Robbery Defined

• Robbery is taking property directly from a person using force, intimidation, or sudden snatching.

• Robbery always involves victim interaction.

• More serious forms include:

  • Armed Robbery, using a weapon or replica; carries 10 years to life.

  • Robbery by Intimidation, threats or verbal coercion.

  • Robbery by Sudden Snatching, grabbing property from someone’s hands or presence.

Key Distinction Between the Two

• Burglary = entering a space to commit a crime.

• Robbery = taking property from a person using force or intimidation.

• Burglary can occur when no one is present; robbery requires a victim present.

• Burglary focuses on intent and entry, while robbery focuses on the use (or threat) of force during theft.

How Courts Decide Charges

• Prosecutors evaluate:

  • Location of the crime (building vs. person).

  • Presence of a victim and whether force or threats were used.

  • Intent, to commit a theft or felony inside a structure.

  • Evidence like video footage, witness testimony, forced entry signs, or stolen property.

• If both unlawful entry and force against a person occur, a defendant may face both burglary and robbery charges.

Common Defenses

• Lack of intent: No intention to commit a theft or felony inside the property (burglary defense).

• Mistaken identity: Often raised in cases involving masked suspects or poor surveillance quality.

• Consent to enter: If the defendant had permission to be inside the property (burglary).

• No force or intimidation: Challenging whether the act meets the legal definition of robbery.

• Insufficient evidence: Weak or circumstantial proof tying the accused to the scene.

Why This Matters

• Burglary and robbery carry dramatically different penalties, especially for armed robbery.

• Robbery charges often lead to mandatory minimum prison sentences, while burglary depends more on location and prior history.

• Understanding the distinction helps defense attorneys pursue charge reductions, which can lower prison exposure by years or even decades.