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Dealing With Burglary 2nd Degree Charges: How The Waltman Firm Can Help

Dive into the complexities of burglary 2nd degree charges and learn how The Waltman Firm in Marietta can help with your defense.

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Second Degree Burglary: Understanding the Legal Consequences and Defense Strategies

Being accused of a serious felony threatens your freedom and can irreversibly alter your life. The specific circumstances of your alleged crime can escalate the severity of charges and penalties. Understanding the complexities of burglary crimes and the defenses available could mean the difference between incarceration and acquittal.

A person commits burglary when they unlawfully enter a building with the intent to commit a crime therein. Burglary in the second degree is punishable by up to five years in prison, with harsher penalties upon subsequent offenses.

Navigating second degree burglary charges demands more than just legal knowledge; you need a dedicated ally. At The Waltman Firm, we understand the gravity of burglary charges. We aggressively defend your rights, developing a personalized defense strategy.

Elements of Burglary in the Second Degree

Under the Georgia penal code, OCGA § 16-7-1, second degree burglary is distinguished from first degree burglary by the type of structure entered.

Burglary in the second degree has two key elements:

  • Unlawful Entry: Gaining entry into an occupied, unoccupied, or vacant building, structure, railroad car, watercraft, or aircraft without authorization.
  • Intent to Commit a Crime: Entry must be accompanied by the intention to commit a felony or theft within the structure.

First degree burglary, on the other hand, involves entry into a dwelling with the intent to commit a crime therein. In other words, first degree burglary typically involves residences, whereas second degree burglary may involve a commercial building or similar structure. Additionally, the punishment for first degree burglary is harsher, with the potential for imprisonment up to 20 years.

The Legal Consequences of a Second Degree Burglary Conviction

Second degree burglary is a serious felony offense with severe consequences. The prosecution alleges that the defendant unlawfully entered a building for the purpose of committing another felony or theft.

If convicted, a defendant could face a range of penalties, including:

  • One to five years in prison. For subsequent convictions, prison sentences can range from one to eight years;
  • A permanent criminal record and;
  • Loss of civil liberties as a convicted felon.

Besides severe legal penalties and consequences, a criminal record can have various repercussions. It can impact employment, housing, and personal relationships.

Given the severity of these consequences, it’s imperative to have a strong defense strategy. Your criminal defense lawyer can help you understand the charges against you, the potential penalties, and develop a plan of action.

Defending Against Second Degree Burglary Charges

Building a robust defense requires skills, knowledge, and experience. Understanding the charges and the facts of the case is critical to determining an appropriate defense strategy. This strategy could include challenging the evidence, proving a lack of intent to commit a crime, or negating the claim that the defendant remained unlawfully on the property.

Challenging The Evidence

Evidence is the backbone of the prosecution’s case. Your attorney will meticulously examine the prosecution’s evidence to see whether the evidence was lawfully obtained, is conclusive, and connects you to the alleged burglary beyond a reasonable doubt.

Questioning Intent

Criminal intent is a critical element in burglary charges, requiring more than just being present within the building. The prosecution must prove beyond a reasonable doubt not only that you unlawfully entered the building but that you did so to commit a crime therein. Depending on the evidence, several defenses may be available, from misunderstanding to misidentification.

Proving Lack of Presence

An alibi can be a solid defense to burglary charges. Your lawyer can raise a reasonable doubt by establishing your absence from the crime scene with tangible proof, such as digital footprints, witnesses, or timestamps.

The Importance of an Experienced Defense Attorney

Legal assistance can be essential to navigating these defenses. A seasoned attorney understands the importance of developing a robust defense strategy, can help their client understand the case against them, and the implications of a life-altering burglary conviction.

The possibility of a felony conviction calls for knowledgeable legal advisors who recognize the gravity of your situation. The Waltman Firm provides a rigorous defense for its clients facing second degree burglary charges.

How The Waltman Firm Can Help

If you are facing second-degree burglary charges, the stakes are high. At The Waltman Firm, we understand that each case presents a unique set of challenges and requires an individualized approach to defense strategies. Our firm is well-versed in criminal law, including murder defense, focusing on providing aggressive representation tailored to your situation.


Our criminal defense attorney will analyze your case, evaluate the evidence, and provide explanations and guidance about the charges. We leverage our experience to help you navigate the complexities of the legal system.


We pride ourselves on crafting personalized defense plans that address the specific allegations you face. It’s not just about legal support; it’s about mounting a defense that resonates with the facts of your case and the outcome you seek.

Besides crafting a defense, we will fight passionately in court to protect your rights and negotiate with the prosecution. As a former prosecutor, Holly Waltman utilizes her knowledge from both sides of the courtroom to advocate on your behalf.

Our commitment to your case is unwavering, from preliminary hearings to trial. By choosing The Waltman Firm, you are not just getting a legal representative, but a knowledgeable advocate.

Fight Your Burglary Charge With Help From The Waltman Firm

At The Waltman Firm, we are dedicated to serving our clients. The potential punishment for second degree burglary and the stigma of criminal charges can be stressful. Having an experienced criminal defense attorney by your side can be reassuring in your fight for justice.

Let us help defend your liberties and work toward the most favorable outcome in your burglary in the second degree case. Contact us today to schedule a consultation.