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Elmer Busts Burglary Confusion

Posted by Elmer H.. Young | Jun 07, 2019 | 0 Comments

              When people think of burglary, what most often come to mind is a person or persons breaking into a home or business for the purpose stealing something of value. That's not always the case. A common example might be hiding in or remaining in a building, a home, a boat or heck even broken-down shed, if there is some intention to commit a serious crime. The homeless folks are often arrested and suspected of Burglary, when all that was intended was to find shelter. Wrong? Sure! But not Burglary. Experienced jailers will tell you that down-and out people will do this hoping to get arrested, fed, housed and medically treated during the worst of times.

             Georgia Code Title 16, Section 16-7-1 (a) A person commits the offense of burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof. A person convicted of the offense of burglary, for the first such offense, shall be punished by imprisonment for not less than one nor more than 20 years. For the purposes of this Code section, the term ‘railroad car' shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property.

             (b) Upon a second conviction for a crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than two nor more than 20 years. Upon a third conviction for the crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than five nor more than 20 years. Adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld for any offense punishable under this subsection.

About the Author

Elmer H.. Young

Elmer H. Young has been practicing for more than 45 years and employs his advanced level forensic training in high-level sex crimes and capital felony cases.


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Honors & Recognition

Mr. Young's success in obtaining non-DUI dispositions in his DUI/DWI cases has earned him the respect of his peers and clients alike. He has earned a LegalMatch Five-Star rating and a coveted 10 Avvo Rating. His high ratings reflect his ability to help his clients.