Criminal Defense Attorney in Savannah Dennis O’Brien – Answering Questions About Burglary
Burglary is defined as illegally entering a building for the purpose of committing a crime. It is often referred to as housebreaking or breaking and entering. Keep in mind that a person can be charged with burglary even if he or she does not steal anything from the home. The vast majority of burglaries are committed in houses, but they can be committed in just about any building.
There are a number of questions that people frequently ask criminal defense lawyers in Savannah about burglary. Below are some of the most frequently asked questions about this crime:
What Happens If I Break Into Someone’s House Without Stealing Anything?
Again, burglary may not involve stealing. If you break into a building, then you could be charged with burglary even if you do not steal anything. Burglary is a felony in the state of Georgia.
In some cases, simply going inside a person’s house can be grounds for a burglary charge. Here is an example of such a scenario:
A woman gets a restraining order against her ex-husband. The ex-husband shows up to her home and goes inside. This man could be charged with burglary. He could also be charged with aggravating stalking. Aggravated stalking is a felony in the state of Georgia.
What Exactly Constitutes Burglary?
In order for the crime to be considered burglary, a person must have an intention to steal or commit a felony. Without the intention to steal or commit a felony, one will be charged with criminal trespassing. Criminal trespassing is a misdemeanor in Georgia.
What Is The Penalty For Burglary?
Burglary is a crime that can have serious consequences. If it is your first offense, you could spend anywhere from one to 20 years in prison. Upon a second offense, you could spend two to 20 years in prison. If it is your third offense, then you could spend a minimum of five years in prison and a maximum of 20 years. With the help of a Savannah GA criminal defense attorney, your chances of getting off with a lighter punishment will be greater.
If you or somebody that you know has been accused or charged of burglary, your first step should be contacting a seasoned attorney that can help guide you through your or your loved one’s case. Dennis O’Brien will work aggressively to protect your rights as a citizen, day and night.
With social media being as popular as it is today, and with new social media websites popping up every few days, it can be quite easy for people to get a little carried away when it comes to sending and posting messages to other individuals.
However, the line between a friendly message and cyber stalking can be a thin one. Charges associated with cyber stalking are serious in the city of Savannah and the state of Georgia. If you have found that the messages that you have sent to a person or persons have been taken out of context or misconstrued, you should seek the counsel of a seasoned Savannah criminal defense lawyer.
In the state of Georgia, the term cyber world is very broadly interpreted, and includes crimes committed on computer networks, the internet, or devices used for communication such as a smart phone, the mail, the internet or social media sites. The term stalking refers to the act of placing an individual(s) under surveillance, following an individual(s), or contacting an individual(s) without their permission, with the intent of intimidation and harassment.
When it comes to cyber stalking crimes, there are currently two forms: Harassment and stalking. Harassment is the lesser offense, and involves psychologically tormenting or harassing somebody and his or her family, essentially inflicting emotional duress and pain. Harassment crosses the line to stalking when messages or contact sent by an individual becomes malicious, threatening or infers the threat of harm. Both of these crimes can be either misdemeanors or felonies.
Law enforcement now considers cyber crimes as very serious offenses, and those convicted of such crimes can expect to face punishments that include anything from probation to time in prison. To ensure that your rights are protected, it is important for you to speak with a knowledgeable attorney who is on your side, like Dennis O’Brien. Contact the O’Brien Law Firm PC today for a free consultation.
If you or somebody that you know is involved in a case where the outcome may be a probationary sentence outside of jail or prison, you may have some questions that you have not had the opportunity to ask your future probation officer. Below are a few frequently asked questions that arise concerning probation in the state of Georgia.
Question: I’m on probation, but I have to move for work. Is this possible?
Answer: This is a common question, and one that P.O’s (probation officers) and judges get quite often. Courts will often grant a request to move to a different state, as long as such a request is for good reason. Your best course of action would be to ask your probation officer if you are allowed to move. You will still be responsible for any payments and special conditions that have been mandated by your judge and/or probation officer. It is always wise to consult with a Savannah criminal defense attorney such as Dennis O’Brien, who may be able to help you secure your request in a more effective fashion.
Question: Must I serve my entire probation sentence?
Answer: Typically you must serve your entire probation sentence. In some cases you may be allowed to mail in your monthly probation fee payments rather than visiting the probation office in person, if you have completed everything that you were required to do. However, having your lawyer file for a petition for an early release from your probation sentence is common and can be successful as well.
Question: What is the difference between parole and probation?
Answer: Parole is a kind of supervision that starts after an individual’s release from prison or country jail after already serving a part of the sentence that they received. Probation is a kind of supervision that a judge gives to an individual instead of serving their sentence behind bars. A man or woman who violates his or her probation or parole will likely have to serve the remainder of their sentence in jail or prison.
Having an experienced criminal defense attorney on your side can help increase the chances of achieving a reduced sentence or a form of supervision such as probation. Contact our office today for a free consultation to see how O’Brien Law Firm PC can help you with your legal matters.