Georgia Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in Georgia: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in Georgia, consult a licensed Georgia criminal defense attorney.

Georgia Burglary Penalties

OffensePenalty
First Offense2nd degree felony: 1–5 years prison
Second Offense1st degree felony: 1–20 years prison

OCGA §16-7-1; 1st degree involves occupied dwelling; serious violent felony with prior = life

Burglary Statute of Limitations in Georgia

In Georgia, the statute of limitations for theft and property crimes is generally 4 years.

See all Georgia statutes of limitations →

Defending Against Burglary Charges in Georgia

Common defenses in Georgia burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Georgia criminal defense attorney for advice.

Related Georgia Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication