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Burglary Charges in Georgia

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  • 12-14-2009, 06:31 AM
    miijin
    Burglary Charges in Georgia
    My question involves criminal law for the state of: georgia

    My friends niece was caught attempting to enter a home. They never made it in because the homeowner was in and called the police. She is a minor without priors and she only had a screwdriver on her. My question is can she be charged for burglary and poss. Of tools? Can you even be charged with burglary without even setting foot inside?

    Thanks
  • 12-15-2009, 11:01 AM
    Mr. Knowitall
    Re: Burglary Charges in Georgia
    You're talking about O.C.G.A. § 16-7-1? Typically it's enough to break the plane, so to speak - you don't actually have to break a window or door or force it open. It's enough to extend any portion of your body through the invisible plane where the closed window or door would be to constitute "entry". Somebody caught in the act of trying to break into a house with a screwdriver could reasonably be charged with attempted burglary and possession of burglary tools.
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