Burglary & Theft Defense Attorney in Johns Creek

Facing burglary or theft charges in Johns Creek can be an overwhelming experience, leaving you uncertain about your next steps. These serious allegations carry severe penalties, such as steep fines, extended prison sentences, and the lasting stigma of a criminal record. At The Mazloom Law Firm LLC, we recognize how these charges can impact your life and are dedicated to delivering determined legal representation to safeguard your future.

From burglary and shoplifting to other theft-related offenses, we are here to guide you through the complexities of the legal system. Our firm proudly serves clients in Johns Creek and across the greater Atlanta area. Attorney Mazi Mazloom and our experienced team are committed to building a robust defense strategy while prioritizing your rights and goals at every stage.

Call us today at 770-590-9837 to schedule a consultation and take the first step toward protecting your future.

Burglary & Theft Offenses in Johns Creek

In Georgia, both burglary and theft are considered serious crimes that carry severe penalties. These crimes are taken seriously by law enforcement and prosecutors, and a conviction can result in a criminal record that affects your employment, future opportunities, and personal life. Here’s a detailed overview of what these charges mean under Georgia law and what you can expect during the legal process.

Burglary in Johns Creek (OCGA § 16-7-1)

Burglary is defined under Georgia law as the unlawful entry into a building, vehicle, or other structure with the intent to commit a crime once inside. In the case of burglary, the crime intended can be theft, vandalism, assault, or another criminal act.

Burglary charges in Georgia are classified into two degrees:

First-Degree Burglary: This is the more serious of the two burglary charges. A person is charged with first-degree burglary if they unlawfully enter a dwelling (a home, apartment, or other place used as a residence) with the intent to commit a crime. First-degree burglary is a felony and carries serious penalties, including a potential prison sentence of up to 20 years.
Second-Degree Burglary: A second-degree burglary charge is typically applied when an individual unlawfully enters a non-residential structure (such as a business, warehouse, or garage) with the intent to commit a crime. Although still a felony, second-degree burglary generally carries less severe penalties than first-degree burglary. A conviction can lead to 3 to 7 years in prison.

The key element of a burglary charge in Georgia is the intent to commit a crime once inside the building or structure. Even if the burglary did not result in theft or another crime, the mere intent is enough to warrant a serious charge.

Theft in Johns Creek (OCGA § 16-8-2)

Theft refers to the unlawful taking of another person’s property with the intent to permanently deprive them of it. There are several types of theft under Georgia law, each with its own classification and potential penalties. Theft can range from a misdemeanor to a felony, depending on the circumstances of the crime.

The most common types of theft charges in Georgia include:

Theft by Taking: This is the most straightforward theft charge and applies when someone unlawfully takes property with the intent to keep it permanently. The severity of the charge depends on the value of the stolen property.
- If the value of the stolen property is less than $1,500, it is generally classified as a misdemeanor, which can result in up to 1 year in jail.
- If the value exceeds $1,500, it is a felony, and the penalties can range from 1 to 10 years in prison.
Shoplifting: Shoplifting occurs when someone steals items from a retail store. In Georgia, shoplifting charges can range from a misdemeanor to a felony, depending on the value of the stolen goods. If the value of the merchandise exceeds $500, a felony conviction can result in 1 to 5 years in prison.
Robbery: Unlike theft, robbery involves the use of force, intimidation, or threats to steal property from another person. Robbery charges in Georgia are felonies and carry much harsher penalties, with a minimum sentence of 10 years in prison.
Theft by Deception: This type of theft occurs when someone uses deceitful practices to obtain property from another person. This can include fraud, false promises, or other forms of misrepresentation.

Penalties for Burglary & Theft Convictions in Johns Creek

The penalties for burglary and theft convictions in Georgia can be severe and life-altering. In addition to prison sentences, convicted individuals may face significant fines, restitution to victims, and a permanent criminal record. Here’s a breakdown of the potential penalties for these crimes:

First-Degree Burglary: Up to 20 years in prison.
Second-Degree Burglary: 3 to 7 years in prison.
Theft by Taking (Felony): 1 to 10 years in prison for property valued over $1,500.
Theft by Taking (Misdemeanor): Up to 1 year in jail for property valued under $1,500.
Shoplifting (Felony): 1 to 5 years in prison for stolen goods valued over $500.

In addition to prison time, the convicted individual may also face fines of up to $10,000, probation, and a permanent criminal record that could affect their ability to secure housing or employment in the future.

The Criminal Justice Process for Burglary & Theft Cases

If you have been arrested for burglary or theft in Johns Creek, understanding the criminal justice process can help you navigate the legal system more effectively. Here is an overview of the key stages involved in defending against a burglary or theft charge:

1. Investigation and Arrest

The process often begins with an investigation. Law enforcement may gather evidence, speak with witnesses, and examine any available surveillance footage. If the evidence is sufficient, an arrest will be made. At this point, you may be charged with either burglary or theft, depending on the circumstances of the case.

2. First Appearance & Bond Hearing

Once arrested, you will have a first appearance hearing where the judge will inform you of the charges against you and decide whether you are eligible for bond. It is essential to have legal representation during this hearing to advocate for a fair bond amount.

3. Pre-Trial Discovery & Motions

In the pre-trial phase, both the prosecution and defense will exchange evidence. Your defense attorney will review this evidence and identify weaknesses in the prosecution’s case. At this stage, motions can be filed to suppress evidence, request dismissals, or challenge any unlawful actions by the police.

4. Trial

If a plea deal is not reached, your case will proceed to trial. The prosecution will present its case, and your attorney will challenge their evidence, cross-examine witnesses, and present any evidence in your defense. The goal is to create doubt in the minds of the judge or jury regarding your guilt.

5. Sentencing

If you are found guilty, the judge will determine your sentence. Sentencing takes into account factors such as the severity of the crime, your criminal history, and whether you showed remorse. For felony charges, prison time is a common penalty.

6. Appeals

If you are convicted, you have the right to appeal the decision. An appellate court will review the case to determine if there were legal errors that could lead to a reduced sentence or a new trial.

Defenses to Burglary & Theft Charges in Johns Creek

There are various defenses that can be used in burglary and theft cases. Your defense attorney will carefully review the facts of your case to determine the best strategy for your defense. Common defenses include:

Mistaken Identity: If you were wrongly identified as the perpetrator, your attorney can work to show that you were not involved in the crime.
Lack of Intent: For burglary, the prosecution must prove that you had the intent to commit a crime. If your entry was not for criminal purposes, this could serve as a defense.
Consent: If you had permission to take the property or enter the building, this could be a valid defense against theft or burglary charges.
Illegal Search & Seizure: If evidence was obtained illegally, your attorney may be able to have it suppressed, which could lead to a dismissal of the charges.

Contact The Mazloom Law Firm LLC for Burglary & Theft Defense in Johns Creek

If you are facing burglary or theft charges in Johns Creek, you need a skilled criminal defense attorney who will fight for your rights and work tirelessly to minimize the consequences of these charges. At The Mazloom Law Firm LLC, we are here to help you navigate the legal system and protect your future.

Call us today at 770-590-9837 to schedule a free consultation with Mazi Mazloom. We will review the details of your case, provide legal advice, and work with you to develop a defense strategy tailored to your specific circumstances.

Don’t face your charges alone — reach out to The Mazloom Law Firm LLC and let us help you protect your rights and secure the best possible outcome.