I Was Charged With First Degree Burglary In Ga But Did Not Take Anything
I Was Charged With First Degree Burglary But I Did Not Take Anything Thing. I Was Inside A Abandoned Building With Some Friends Smoking A Blunt. The Arresting Officer Knows Me Personally And Knows I Do Not Cause Any Harm. What Should I Do ? Should I Use My First Offenders ?
Do you have a lawyer? What is his or her advice? Your decision should not be made without an experienced lawyer representing you. While entering a plea might be the right decision, only an attorney who is representing you and who has reviewed the evidence against you can help you make that choice.
You should hire a lawyer who can examine the State's evidence in detail and help advise you as to the best course of action. The State has to prove that you entered into the building with the intent of committing a crime. Proving that intent can be difficult, and if they can't do it, often the charges can be reduced to a simple criminal trespassing. All of that will depend on what evidence the State has.
if you would like to discuss your case in detail, I would be happy to speak with you. Give me a call at 678-636-9224 to make an appointment for a free consultation.
You may have several defenses to this charge. Burglary has certain elements that must be met before you can be convicted. First and foremost, as the other attorneys have already pointed out, you do not have to steal anything to be convicted of burglary. However, you do have to possess the requisite intent to either steal something from within or to commit a felony inside. Smoking dope is not a felony unless you have over an ounce of weed on you. On the other hand, if the blunt is laced with a controlled substance other than marijuana, you can be charged with the felony burglary. This will depend upon the results of whatever testing they do on the blunt.
Prosecutors will sometimes use an argument to prove intent to steal based upon there being items of personal property stored inside the building. This leads to a permissible inference that you intended to steal the items inside when you entered the building unlawfully. However, this is rebuttable and the evidence that you were smoking weed inside the building, if confirmed by the officer, will be a strong rebuttal argument to this inference.
If the State cannot prove the requisite intent for burglary, you can still be convicted of Criminal Trespass based upon your statement of facts. If you were in a building without permission and for the unlawful purpose of committing the misdemeanor of possessing less than an ounce of marijuana, you can be found guilty of Criminal Trespass. This is a misdemeanor offense, whereas Burglary can be a very serious felony.
YOu need to retain and consult with an attorney before doing anything on your case. If you cannot afford an attorney, ask the court to appoint you one. However, like one of my colleagues already said, you can always take your weed money and hire an attorney.
Allen R. Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144