Burglary

[N3rav4r]

What is the name of your state (only U.S. law)? Georgia
City: Dahlonega
ZIP: 30533
Date: 03/10/2009
Time: 2:00AM~ (Night time)
Age: 18 (19 on March 23rd)

My brother was arrested inside a junk yard. The yard is guarded by a double gate (No fence - Easily walked around) with a single lock. My brother touched neither the gate nor the lock. His intentions were to take salvage from this yard so that he could sell the metal to a salvaging company (No vehicle was present, apparently they only intended on taking small items). There was one accomplice who was also arrested and charged. Charges are Burglary and Criminal Trespassing. Should he plead not guilty to Burglary?

 

[N3rav4r]

Also I've been viewing some other topics here and decided I would throw in something.

My brother is well-mannered and a good guy. He was in the wrong place at the wrong time but we have always and will always say yes sir, no sir, yes ma'am, and no ma'am. Basically what I am saying is he was not disrespectful to the officers at any time (I see some people asking for advice where the accused was stupid enough or rude enough to say something or do something that was out of line)

 

[Ozark_Sophist]

How is your brother not guilty?

 

[N3rav4r]

According to the legal definition of Burglary a breaking and an entering has to take place. Is plea bargaining his best bet? And if so what charges should he plead to?

 

[Some Random Guy]

According to the legal definition of Burglary a breaking and an entering has to take place.

(a)

Your legal definition doesn't matter. The Georgia statutes on burglary do.

Georgia Code - Crimes and Offenses - Title 16, Section 16-7-1
(a) A person commits the offense of burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof. A person convicted of the offense of burglary, for the first such offense, shall be punished by imprisonment for not less than one nor more than 20 years. For the purposes of this Code section, the term 'railroad car' shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property.

 

[N3rav4r]

Ahh, even so he did not enter a structure, building or container, of any kind as far as Ive been told. Its something ill look into in-depth. However for the sake of the thread - If he did not enter any kind of building what would be our best route?

 

[Some Random Guy]

Ahh, even so he did not enter a structure, building or container, of any kind as far as Ive been told.

Based on the GA definition, you should have his lawyer look into making the argument that it was not burglary but instead criminal tresspass.

 

[N3rav4r]

Thanks, I appreciate it = )