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Burglary is a crime that includes breaking and entering any building with the intention to commit a felony or theft. Burglary laws vary from state to state and can be classified into different degrees based on their gravity or severity. The Uniform Crime Reporting (UCR) Program of FBI has three sub-classifications for this crime such as forcible entry, unlawful entry where no force is used and attempted forcible entry. Even if nothing is stolen in the burglary, the act itself is a statutory offense. As stated, burglary can be an element in felony crimes including rape, murder, arson, kidnapping and identity theft, etc. This article answers some of the frequently asked questions on burglary and laws associated with it. I am from Georgia and was convicted in a misdemeanor burglary act in 2005. Am I eligible to own a firearm as per law here?
Misdemeanor charges do not prohibit someone from owning a firearm and in Georgia; you should be able to own a gun as you were not convicted of a felony. However, if you had a misdemeanor conviction with a jail term of at least 2 years, then you won’t be able to own a gun as per the Federal law. You can check with your local police department to find out the rules and regulation pertaining to this issue. Also go to the Georgia Bureau of Investigation to ascertain your eligibility in this matter. What could be the punishment for somebody who has been charged with burglary in an unoccupied building? This apart, the cops have also recovered several drugs like cocaine, cannabis and paraphernalia from him at the same time. What could be the maximum punishment in this case?
The punishment depends on several factors including the seriousness of the crime, whether the person has some priors or not. However, the basic burglary is a third degree felony which attracts a five year jail term apart from one year jail term for possessing marijuana plus another one year for possessing paraphernalia. You might get another five year jail term as the cocaine charge is another third degree felony. It is advisable to ask a lawyer who can help you on this. I was convicted for an attempted burglary charge and now serving my probation period. But the probation officer is asking me to go for a polygraph test. Is it legal?
The probation officer would be within his/her rights to add other conditions like polygraph test as a tool to assess you further. And once you agree to the terms of probation, you have to follow this. Department of Parole uses polygraph tests to determine whether a person is avoiding activities that may be against the probation policy. However, if you find the polygraph test as a new addition in your probation term, you can approach the judge to remove the same. But the judgment is unlikely to help you in most cases. I was sentenced to 6 years for a simple burglary when I was 19 years old 37 years ago. Do I have the right to possess a gun now?
You have to get your conviction order expunged. This would help you to have a gun now. I have been arraigned for burglary charges. As I can’t afford an attorney, I was provided a public defender. Can I use the public defender for the arraignment and retain the attorney for the trail?
You can usually do so. You can use the public defender for the arraignment and if you are not satisfied with the public defender, you can hire an attorney later. You will get a right to copy of any evidence against you. If you decide to not to go for the trial, you can work out a deal with the prosecutor, or your attorney can negotiate on behalf of you. This apart, you will have several months to decide on how to go about it as long as you plead not guilty. A trial date will be set when you plead guilty. You can also change your plea later. Burglary is an illegal act that can result in jail term and probation. If you have any questions on burglary and its related laws, you should ask a criminal lawyer to help you.
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