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Burglary and Robbery in Georgia

How burglary and robbery is charged in Georgia, whether it is a misdemeanor or felony, and the maximum penalties, from the state criminal code.

Short answer: Burglary is entering or remaining in a building without authority to commit a felony or theft. First-degree burglary (a dwelling house) carries one to 20 years for a first conviction, two to 20 for a second, and five to 25 for a third or later; O.C.G.A. §§ 16-7-1; 16-8-40; 16-8-41

Burglary and robberyBurglary is entering or remaining in a building without authority to commit a felony or theft. First-degree burglary (a dwelling house) carries one to 20 years for a first conviction, two to 20 for a second, and five to 25 for a third or later; second-degree burglary (other buildings, structures, railroad cars, watercraft or aircraft) carries one to five years, and one to eight for a second or later conviction. Robbery is taking property from a person or their immediate presence by force, intimidation or 'sudden snatching'; it is punished 'by imprisonment for not less than one nor more than 20 years,' or five to 20 if the victim is 65 or older. Armed robbery (using an offensive weapon or a replica) is punished 'by death or imprisonment for life or by imprisonment for not less than ten nor more than 20 years.'
§ 16-8-40: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-8-40/ ; § 16-8-41: https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-8-41/. Read on codes.findlaw.com (a public copy of the official code); check against the official code.

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FAQ

What is the difference between burglary and robbery in Georgia?
Burglary is entering or remaining in a building without authority to commit a felony or theft. First-degree burglary (a dwelling house) carries one to 20 years for a first conviction, two to 20 for a second, and five to 25 for a third or later; second-degree burglary (other buildings, structures, railroad cars, watercraft or aircraft) carries one to five years, and one to eight for a second or later conviction. Robbery is taking property from a person or their immediate presence by force, intimidation or 'sudden snatching'; it is punished 'by imprisonment for not less than one nor more than 20 years,' or five to 20 if the victim is 65 or older. Armed robbery (using an offensive weapon or a replica) is punished 'by death or imprisonment for life or by imprisonment for not less than ten nor more than 20 years.'
Can I get a court-appointed lawyer for burglary and robbery in Georgia?
Georgia's rule on court-appointed lawyers: Applicants must complete and sign an application and verification and are interviewed at the detention center or the public defender's office. Income standards under O.C.G.A. § 17-12-2, as stated by the public defender office: for misdemeanors, probation violations and county or municipal offenses, a person who 'earns less than 100 percent of the federal poverty guidelines'; for juveniles, those 'whose parents earn less than 125 percent of the federal poverty guidelines'; for felonies, 'less than 150 percent of the federal poverty guidelines' — each with an exception for people with other resources that could reasonably pay for a lawyer, and no one with income above 150 percent of the federal poverty level is considered indigent. Application fee: Georgia law requires every person who applies for public defense services 'to pay the Public Defender Office a single fee of $50'; 'The court shall waive this fee if it finds that you are unable to pay the fee or that hardship will result if the fee is charged.' Attorney fees for court-appointed representation may also be imposed by the court at sentencing. O.C.G.A. §§ 15-21A-6(b), 17-12-2 (as quoted by the Chatham County Public Defender Office, Eastern Judicial Circuit)
How much does a lawyer for burglary and robbery cost in Georgia?
Lawyers set their own fees, and Georgia has rules on how they may charge. See hiring a criminal defense lawyer in Georgia for fee rules, how to check a lawyer's license and free help.
Can a conviction for burglary and robbery be removed from my record in Georgia?
Each state sets its own rules for sealing or expunging records. See Georgia expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.