What's the difference between first- and second-degree burglary in Georgia?
Under O.C.G.A. § 16-7-1, the degree turns on what you allegedly entered. First-degree burglary involves a dwelling — a house, apartment, or structure designed for use as a home — and is punishable by 1 to 20 years (escalating to 2–20 and 5–25 for repeat convictions). Second-degree burglary involves a non-dwelling building, vehicle, or other structure and carries 1 to 5 years (1 to 8 for subsequent convictions). Whether a building counts as a "dwelling" is often genuinely disputed.
Do I have to actually steal something to be charged with burglary?
No. Burglary is complete the moment you enter or remain somewhere without authority and with the intent to commit a felony or theft inside — whether or not you ever take anything. That makes intent the central battleground. The State must prove what was in your mind beyond a reasonable doubt, and that is precisely where an experienced defense focuses.
When is property damage a felony versus a misdemeanor in Georgia?
The dividing line is generally $500. Intentionally damaging another person's property without consent when the damage is $500 or less is misdemeanor criminal trespass (O.C.G.A. § 16-7-21). When the damage exceeds $500 — or involves fire, explosives, or fireworks — it becomes felony criminal damage to property in the second degree (O.C.G.A. § 16-7-23), punishable by 1 to 5 years. Because the repair estimate decides the charge, we routinely challenge inflated damage valuations.
Can I be charged with burglary at a place I had a right to be?
Generally no — lawful authority to be somewhere defeats the "without authority" element. But these situations are frequently overcharged, especially in disputes between roommates, exes, family members, and current or former employees. If you were a tenant, a co-owner, an invited guest, or had a key, that is a powerful defense. Preserve any proof of permission — a lease, texts, or work credentials — and tell your attorney immediately.
Is graffiti or vandalism a felony in Georgia?
It depends on the cost to repair. Spray-painting, keying, or defacing property is charged as criminal trespass (a misdemeanor) when the damage is $500 or less, but as felony criminal damage to property when repair costs exceed $500. Multiple tags or large surfaces can push an otherwise minor case over the felony line, so the valuation is often the most important — and most contestable — fact in the case.
How long does Georgia have to charge me with burglary or criminal damage?
Under O.C.G.A. § 17-3-1, most felony burglary and criminal-damage charges must be brought within four years (seven years if the victim was under 18), and misdemeanor trespass within two years. Certain tolling rules — for example, when a suspect is unknown or out of state — can extend these deadlines, so the timeline should always be reviewed by an attorney.
Is my conversation with Morrison & Hughes confidential?
Yes. Communications with our attorneys for the purpose of seeking legal advice are protected by the attorney-client privilege and kept strictly confidential. Your initial consultation is free, private, and carries no obligation. We understand that being accused of a property crime is frightening — there is no judgment here, only a team committed to defending you and your record.
