Burglary

What Our Clients Say

Don’t just take our word for it—see what our clients have to say about working with us.

Mr. Brandon Fitz of Crawford and Boyle Law Firm is the main reason why I encouraged my granddaughter to go with this firm. He’s very knowledgeable and personable. He listened to what you had to say and responded accordingly. He always returned my calls answered my emails and text messages. He answered every question I had and made me feel assured. I would use him again if the need arose. I highly recommend Mr. Fitz. The staff were always pleasant as well.

A
Angel

David was fast, kept me well informed, and was on time at my court date. I will be using him again if I ever need a lawyer, and I have recommended him to a few people already.

J
Josh

David kept me informed throughout the whole process. He was very helpful in getting me the lowest fines and punishment for my crime. I am thankful one of my customers introduced me to him. He even helped get me out of a sticky situation, after my original conviction.

A
A Satisfied Client

Burglary Attorney in Gwinnett County

Your Rights Matter: Trusted Burglary Lawyer in Gwinnett County

If you’re facing a burglary charge in Gwinnett County, you need an attorney who knows the local courts, understands the prosecution, and keeps up with current laws that affect your defense. At Crawford and Boyle, LLC, our team brings over five decades of combined criminal defense experience, including time served as former prosecutors.

 

We know how burglary cases move through the Gwinnett County legal system and how crucial it is to build a focused, strategic defense from the beginning. Our lawyers protect your rights, explain your options, and guide you toward the strongest possible outcome with clarity and respect.

 

Burglaries are prosecuted as felonies in Gwinnett County and often lead to severe penalties. These cases move quickly, and even a preliminary hearing can set the course for everything that comes next. For that reason, during our first conversation, we build a plan and provide guidance tailored to your situation.

 

Protect your record and your liberty from a permanent felony conviction. Contact our Gwinnett County burglary lawyer by calling (678) 680-5000 or filling out our secure online form. We offer free and virtual consultations for urgent, confidential assistance.

 

Understanding Georgia Burglary Law (O.C.G.A. §16−7−1)

In Georgia, burglary is defined as a person who, without authority and with the intent to commit a felony or theft therein, enters or remains within a specific type of structure.

 

To secure a conviction, the prosecution must prove three distinct elements beyond a reasonable doubt:

  • Unauthorized Entry/Presence: The accused enters or remains within a structure without authority.
  • The Structure: The structure must be a dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other such structure.
  • Specific Criminal Intent: The accused entered or remained with the intent to commit a felony or theft inside.

Degrees of Burglary

  • Burglary in the First Degree: Applies when the structure entered is a dwelling house (a home, whether occupied, unoccupied, or vacant). This carries the harshest sentence (1-20 years).
  • Burglary in the Second Degree: Applies when the structure entered is not a dwelling (e.g., a commercial building, store, or warehouse). This carries a less severe penalty (1-5 years).

 

A burglary conviction in Georgia brings long-term collateral consequences that extend well beyond a prison sentence. The most immediate impact is a permanent felony record, which becomes visible to future employers, landlords, and licensing boards, limiting opportunities in housing and employment.

 

Convicted individuals also lose important civil rights, including the ability to own or possess a firearm. For those with multiple convictions, Georgia’s Habitual Offender laws can apply, resulting in mandatory enhanced sentences for any future crimes and significantly increasing the risk of long-term incarceration.

 

A dedicated Gwinnett County burglary lawyer focuses on arguing that the alleged entry was not a dwelling, or that the element of intent was absent, to achieve a reduction or dismissal.

 

Key Defense Strategies Against Burglary Charges

The most successful defense strategies focus on dismantling the hardest element for the State to prove: the subjective intent in the mind of the accused at the moment of entry.

  • Lack of Intent to Commit a Crime: Our team argues that the accused entered the premises without the specific intent to commit a felony or theft. For example, the accused may have entered a vacant building merely to seek shelter, retrieve a personal item, or as an innocent trespasser (Disorderly Conduct or simple Criminal Trespass), which are misdemeanors.
  • Consent or Authority to Enter: This negates the “without authority” element. If the accused was an invited guest, a former tenant, or given permission by someone with authority to enter the property, the charge cannot be burglary, even if a separate crime (like theft) occurred once inside.
  • Alibi or Mistaken Identity: We launch independent investigations to establish a solid alibi, placing the client elsewhere during the time of entry. In cases relying on poor eyewitness accounts or circumstantial evidence, we argue the State cannot prove the client was the perpetrator beyond a reasonable doubt.
  • Illegal Search and Seizure (Fourth Amendment): We scrutinize how evidence was gathered (e.g., fingerprints, tools, or recovered property). If police violated your constitutional rights during the search, we file a Motion to Suppress that evidence, which often results in the burglary charge being dismissed.

The Local Burglary Case Process in Gwinnett County

Burglary cases in Gwinnett County require close attention to local court customs, agency procedures, and fast-moving deadlines. Suspects interact with Gwinnett police, the District Attorney’s office, and Superior Court judges at different points, and each brings unique expectations and practices.

 

Law enforcement investigates, gathers physical and digital evidence, and forwards the case to prosecutors. The District Attorney’s office often acts quickly to file charges and begin the process. Cases proceed through hearings, discovery, negotiation, and trial at the Gwinnett Justice & Administration Center, with each judge running hearings in a unique way.

 

Our burglary attorneys in Gwinnett County have deep, practical experience working with the Superior Court and District Attorney’s office. A first appearance can happen just days after arrest, and strict deadlines for motions and evidence are common—missing one can complicate your case significantly.

 

When you work with Crawford and Boyle, LLC, we act promptly to help you respond to scheduling, meet all deadlines, and avoid preventable delays.

 

What Sets Our Gwinnett County Burglary Defense Apart

People choose Crawford and Boyle, LLC because we have a proven record in complex criminal cases. As former prosecutors, our burglary lawyers in Gwinnett County understand both how the state builds its case and how to spot legal issues or weaknesses. This unique perspective shapes every strategy we craft.

 

We’ve earned recognition through Superb Avvo Ratings and The National Trial Lawyers’ Top 40 Under 40. Our strong relationships with judges, prosecutors, and local law enforcement benefit every client we serve. Rather than offering a one-size-fits-all approach, we personalize every defense plan based on your needs. From your first free consultation, you receive straightforward advice, responsive updates, and prepared, thorough advocacy.

 

We maintain a reputation for integrity and detailed preparation in the Gwinnett County legal community. Our attorneys continuously track updates to Georgia’s burglary statutes, ensuring you get timely, accurate information about your options. By working directly with you at every turn—whether through negotiation or trial—we keep your goals front and center.

 

You also benefit from our:

  • Direct communication: We keep you updated about the timeline and steps.
  • Thorough preparation: We review evidence, interview witnesses, and plan for every scenario.
  • Personal attention: Every client receives a defense that reflects their unique circumstances.
  • Local perspective: Our experience in Gwinnett County ensures we’re ready for the challenges that can arise.

Contact Our Gwinnett County Burglary Defense Team Today

If you’re dealing with burglary charges, contact Crawford and Boyle, LLC to arrange a free, confidential consultation with a burglary attorney in Gwinnett County. We listen, help you understand what comes next, and work with you to build a path forward.

 

When you’re ready to take the next step in your defense, call (678) 680-5000 or reach out online to talk to our team today.

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Frequently Asked Questions

Find answers to common questions about legal charges and the legal process in Georgia.

What counts as burglary under Georgia law?

Burglary in Georgia involves entering or remaining in a building, vehicle, or other structure without permission, with the intent to commit a crime inside. This includes homes, businesses, and sometimes sheds or similar spaces.

Will a burglary charge always result in jail time?

A conviction may lead to jail or prison, but outcomes depend on your background, the details of the case, and available defenses. Some resolutions avoid incarceration, depending on negotiations and the facts presented.

What happens after an arrest for burglary in Gwinnett County?

You typically go through booking, attend a bond hearing, and later appear for arraignment and additional court dates at the Gwinnett Justice & Administration Center. Early help from a burglary attorney can shape the direction of your case.

Do prior convictions affect my burglary case?

Yes. A history of prior convictions often impacts penalties and can guide the prosecutor’s approach. A thorough defense considers and addresses your background from the start.

Can I talk to the police or investigators if I’m charged?

You do not have to answer investigative questions about the alleged burglary; requesting legal counsel before speaking is wise. Your rights protect you from self-incrimination, and an attorney can advise you before any conversation.

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