Asked in Criminal Law and Federal Crimes for Georgia

Q: For a first offense of a felony burglary charge, will i get probation?

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1 Lawyer Answer
Jermario L Davis
Jermario L Davis
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: There are three types of burglary in the state of Georgia -- 1st degree, 2nd degree, and smash and grab. All three are felony offenses. The penalties for the three types vary from a minimum of 1 year up to 20 years. Whether the state offers probation depends on a variety of factors....the facts of the case; the defendants criminal history; the specific type of burglary (of the three types, 2nd degree is the least serious).

I recommend that you hire an attorney to advocate on your behalf. Without representation, the likelihood of being offered probation is extremely low. The fact that its a first offense is helpful but does not guarantee probation.

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