Home Invasion Lawyer in Georgia: Defending Burglary and Armed Robbery Charges

What Counts as a Home Invasion in Georgia?

Georgia does have a crime called home invasion. Under Georgia law, first degree home invasion means entering the occupied dwelling of another without authority, while holding a deadly weapon. The person must also intend to commit a forcible felony inside.

Most people use the phrase more loosely, for any forced entry into a home while people are inside. Prosecutors charge that conduct several ways. The most common companion charge is burglary in the first degree. That offense covers entering or remaining within the dwelling house of another. The entry must be without authority and with intent to commit a felony or theft.

Two points matter here. First, the State must prove both an unlawful entry and criminal intent at the time of entry. Second, the same facts fit more than one statute. So the charge can depend on the county and the prosecutor. A home invasion lawyer reads the warrant and the indictment closely for that reason. Georgia prosecutes all of these felonies in superior court.

Charges Commonly Filed in Georgia Home Invasion Cases

One incident usually produces a stack of counts. Each count carries its own sentence. A judge may run those sentences one after another. The count structure often decides how long a client serves.

People bring in a home invasion defense attorney before indictment for that reason. Count structure can still be negotiated while the district attorney decides what to present to the grand jury.

Burglary in the First Degree

First degree burglary requires a dwelling house. Georgia defines a dwelling as a building, or part of one, designed or intended for residential use. "Without authority" means entry without consent, or entry after consent was revoked. The State rarely has direct proof of intent. The State argues intent from the facts around the entry: the time of entry, a forced door or window, tools carried in, and statements made after arrest.

Second degree burglary covers buildings that are not dwellings. That count carries a much lower range. Where occupancy or residential status is truly disputed, a reduction to second degree becomes a realistic target in talks.

Armed Robbery Charges

Under Georgia law, armed robbery means taking property from the person or immediate presence of another by use of an offensive weapon. A replica or any device that looks like a weapon also counts. Georgia treats armed robbery as a serious violent felony. That designation carries a mandatory minimum of ten years. The law requires that minimum to be served in full without parole.

Two questions therefore drive the case. Was a weapon used or displayed? Was anything taken from a person's immediate presence? Outcomes depend on the facts, and no lawyer can predict a sentence.

Aggravated Assault and Battery Counts

Aggravated assault covers an assault with a deadly weapon. It also covers an assault with intent to rob, rape, or murder. Aggravated battery applies when someone maliciously disfigures another person or deprives them of the use of a body part.

Pointing a firearm at an occupant supports an aggravated assault count even if no shot is fired. Prosecutors often file one count for each person present. A two-person household can turn a single entry into several added felony counts.

Firearm, Kidnapping, and False Imprisonment Counts

Firearm possession during a felony adds five years. That term runs after the sentence on the underlying count. A second conviction adds ten years.

Confining occupants to a room can support false imprisonment. Kidnapping requires asportation, meaning movement of the victim. Slight movement can be enough. But movement that is merely incidental to another crime does not count. Georgia appellate courts examine that line closely, and defense counsel should test it count by count.

Penalties for a Home Invasion Conviction in Georgia

The numbers below are statutory ranges, not predictions. What a court imposes depends on the counts, the record, and the facts.

Home invasion. First degree carries life, or ten to 20 years, plus a fine of up to $100,000. Second degree carries five to 20 years.

Burglary in the first degree. A first conviction carries one to 20 years. A second carries two to 20 years. A third or later conviction carries five to 25 years.

Armed robbery. The range is life, or ten to 20 years. The serious violent felony minimum described above also applies.

Aggravated assault and aggravated battery. Each carries one to 20 years under the general sentencing provisions.

Firearm possession during a felony. Five years, served after any other sentence.

Sentences on separate counts may run one after another. Georgia's recidivist sentencing statute can raise that exposure further. A second felony conviction may require the maximum term for the new offense. A fourth may require the maximum with no parole eligibility.

Collateral consequences follow a felony conviction too. They can include loss of firearm rights and failed housing and job screening. Non-citizens also face immigration exposure. Record restriction is hard to get after a felony.

Defenses to Home Invasion Charges

No single defense fits every case. These issues most often move Georgia home invasion prosecutions.

Mistaken identification. Many of these cases rest on eyewitness testimony about a masked or partly masked person. A description that fits half the neighborhood proves very little. Suggestive photo lineups and cross-racial identification can weaken the State's proof. So can the absence of DNA or fingerprint evidence.

Lack of intent at entry. Burglary requires intent to commit a felony or theft at the moment of entry. Someone who entered during an argument, rather than to steal, may defeat that element.

Authority or consent to enter. Former residents, co-tenants, and invited guests often have lawful access. Domestic disputes produce many of these charges. The "without authority" element can be truly contested in those cases.

Alibi and digital evidence. Cell site records, location data, ride-share logs, and video timestamps can place a person somewhere else. This evidence does not last, so counsel should request it early.

Search and statement challenges. A motion to suppress may challenge the search of a home, car, or phone under the Fourth Amendment. Statements taken after arrest may be challenged when officers failed to give Miranda warnings.

No weapon in fact. Where no weapon existed, the armed robbery, first degree home invasion, and firearm counts may fail. Other counts may still survive.

Defense of habitation. Some calls reported as home invasions involve a resident defending their own home. Defense of habitation may justify force used to prevent or stop an unlawful entry, depending on the facts. Georgia’s castle doctrine sits in that same statute.

What Happens After a Home Invasion Arrest in Georgia

Officers arrest and book the accused. Georgia law requires that the person be brought before a committing judicial officer within 72 hours of arrest.

Bond comes next, and bond is not routine here. Under Georgia law, armed robbery and home invasion in the first degree are bailable only in superior court. A magistrate cannot set bond on those counts. A home invasion lawyer may therefore need to file a bond motion in superior court.

A preliminary hearing may follow. Many criminal defense lawyers value it as early discovery, because it puts the detective on the stand under oath. The district attorney then presents the case to a grand jury, which returns an indictment. Arraignment, discovery, motions to suppress, and negotiation follow. The case ends in a plea or a trial.

Two windows matter most. The first comes before charging decisions harden. The second comes before any custodial statement is given. Defendants should not discuss the case with law enforcement or with other detainees. Jail phone calls are recorded, so those calls carry the same risk.

Speak With a Home Invasion Defense Attorney in Georgia

Kohn & Yager LLC defends home invasion, burglary, armed robbery, and weapons charges in Georgia superior courts. Our firm has handled violent felony cases across the state for years. We know how these counts get built and how they get challenged. We offer a free consultation, and it stays confidential.

A home invasion defense lawyer at our firm reviews the warrant and any accusation or indictment first. We also check bond status and any statements already made. We look at the identification procedures police used. We then confirm whether the preliminary hearing window is still open.

If you were charged with home invasion, timing matters. Surveillance video is often overwritten within days, and cell records do not stay available forever. Bond posture is also easier to improve early than late.

Clients searching for a home invasion attorney near me will find that we serve the whole state. Call to discuss your charges. We cannot promise a result in any case, but we will pursue every available defense.

Home Invasion Charges: Frequently Asked Questions

Is Home Invasion a Separate Crime in Georgia?

Yes, Georgia treats home invasion as its own crime. Georgia law defines home invasion in the first and second degree, and both are distinct felonies. The offense requires entry into an occupied dwelling, without authority, while in possession of a deadly weapon. Prosecutors may also file burglary, armed robbery, and assault counts from the same incident.

What Is the Sentence for Burglary in the First Degree in Georgia?

Burglary in the first degree carries a range of one to 20 years for a first conviction. A second conviction carries two to 20 years. A third or later conviction carries five to 25 years. These figures are statutory ranges only. The sentence depends on the record and the facts.

Can a Home Invasion Charge Be Reduced to a Lesser Offense?

A reduction is sometimes possible, depending on the evidence. Where the structure's residential status or occupancy is disputed, second degree burglary may be a realistic target. Weak identification evidence or the absence of a weapon can also support reduced counts. No outcome is guaranteed.

Will I Get Bond on a Home Invasion Charge in Georgia?

Bond is possible, but a judge does not grant it as a matter of course. Under Georgia law, first degree home invasion and armed robbery are bailable only before a superior court judge. That rule usually means a bond motion and a hearing. Judges weigh flight risk, danger to the community, criminal history, and local ties.

What Should I Do if Police Want to Hear My Side of a Home Invasion Case?

You have the right to remain silent and the right to counsel. Declining to answer questions and asking for a lawyer protects both rights. Officers may say your explanation will help, but statements are often used to prove intent. Jail calls and visits are recorded, so discussing the facts there carries real risk.