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  1. #1
    Join Date
    Aug 2017
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    2

    Default Can You be Charged With Burglary if You Don't Enter the Premises

    My question involves criminal law for the state of: Georgia. My 17 year old son and his 17 year old friend shook a door knob of a business to try and get inside they had no tools and didn't get inside. When the cops showed up they ran the friend was caught and quickly gave up my son, after talking To my son he was arrested. The cop told me it would be 3rd degree attempted burglary. The charge ended up being 1st degree burglary and criminal attempt to commit a misdemeaner. If they never entered the building how can they be charged with 1st degree burglary?

  2. #2
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    1,678

    Default Re: Can You be Charged With Burglary if You Don't Enter the Premises

    I can't recommend it.

  3. #3
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Can You be Charged With Burglary if You Don't Enter the Premises

    What OCGA sections is he charged under? The general burglary statute covers residential crimes. There is a smash n grab for retail but if they didn't get in or do damage trying, I don't think that should apply . The criminal intent charge won't be hard to prove .

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can You be Charged With Burglary if You Don't Enter the Premises

    Quote Quoting sad mom
    View Post
    My question involves criminal law for the state of: Georgia. My 17 year old son and his 17 year old friend shook a door knob of a business to try and get inside they had no tools and didn't get inside. When the cops showed up they ran the friend was caught and quickly gave up my son, after talking To my son he was arrested. The cop told me it would be 3rd degree attempted burglary. The charge ended up being 1st degree burglary and criminal attempt to commit a misdemeaner. If they never entered the building how can they be charged with 1st degree burglary?
    You need to get your son an attorney. You should not be talking about this on the internet.

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can You be Charged With Burglary if You Don't Enter the Premises

    Quote Quoting sad mom
    View Post
    The charge ended up being 1st degree burglary and criminal attempt to commit a misdemeaner. If they never entered the building how can they be charged with 1st degree burglary?
    If you got the facts from what your son told you then you might not have gotten the full story. As a starting place, get a copy of the criminal complaint or indictment filed against your son. It will detail what the state alleges took place and the code sections he is charged with violating. Then if there is something unclear we may be able to help you sort it. What you should not do is talk with your son about the facts. Whatever he tells you is not privileged and could be used against him.

  6. #6
    Join Date
    May 2017
    Location
    Florida
    Posts
    355

    Default Re: Can You be Charged With Burglary if You Don't Enter the Premises

    Whatever young men tell their mothers about criminal acts they are accused of, it is rarely completely accurate.

  7. #7
    Join Date
    Aug 2017
    Posts
    2

    Default Re: Can You be Charged With Burglary if You Don't Enter the Premises

    What does criminal attempt to commit a misdemeanor mean?

  8. #8
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: Can You be Charged With Burglary if You Don't Enter the Premises

    It's pretty self-explanatory. You can look here for the statutes to read for yourself:


    http://www.georgiadefense.com/Attempt.cfm

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