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  6. Burglary Defense

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BurglaryDefense

What is the minimum value for criminal theft?

Theft of items worth more than 150 GEL is a criminal offense. Below that is administrative (with exceptions like burglary).

What is the penalty for burglary?

Burglary (theft with entry into an apartment) is punishable by 4 to 7 years in prison.

If I return the item, will charges be dropped?

Returning the item and compensating for damages is a significant mitigating factor, increasing the chance of a plea bargain or probation.

What is "significant damage"?

Significant damage occurs when the value of the stolen item exceeds 150 GEL.

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3 min

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Burglary and Theft Defense (Article 177): Legal Protection

Theft, defined as the secret taking of another person''s movable property, is one of the most common crimes. Georgian legislation is particularly strict regarding theft committed by illegal entry into an apartment, storage facility, or other premises. Article 177 of the Criminal Code provides aggravating circumstances that significantly increase the sentence. Charges often rely on fingerprints, video recordings, or witness testimonies. However, there are cases where charges are exaggerated or evidence is insufficient. For example, a domestic dispute or temporary taking of an item by mistake can be qualified as theft. A lawyer''s task is to rule out the fact of illegal entry, reduce the damage amount, or reach a plea agreement.

Legal.ge offers lawyers specializing in property crimes. Our experts will defend your interests and try to prevent harsh punishment.

What Does Burglary Defense Service Cover?

The lawyer''s service covers the following aspects:

  • Investigating Illegal Entry: Determining if the person had the right to enter the premises. If entry was legal, the qualification might change to a lighter charge.
  • Determining Damage Amount: Establishing the value of the stolen item through expertise. The amount of damage (small, significant, large) directly affects the sentence.
  • Legality of Evidence: Checking search and seizure protocols. If an item was seized illegally, it cannot be used as evidence.
  • Plea Bargaining: Negotiating with the prosecutor for probation or a reduced sentence in exchange for compensating the damage.
  • Diversion: Terminating criminal prosecution for first-time offenders.

Common Scenarios

Charges are often related to:

  • Home Burglary: Breaking into a residential house.
  • Office or Shop Theft: Entering commercial premises after hours.
  • Car Theft: Taking items from a vehicle.
  • Group Theft: Crime committed by several persons.

Georgian Legal Framework

Article 177 of the Criminal Code provides for penalties ranging from fines to imprisonment for 4 to 7 years (for entry into an apartment). Importantly, theft of an item worth less than 150 GEL (if not repeated or involving entry) is considered petty theft and punishable administratively. A lawyer can fight to reclassify the act as an administrative offense.

Steps in the Process with a Specialist

Working with a lawyer includes:

  1. Consultation: Assessing case circumstances.
  2. Negotiation with Victim: Compensating damage and reconciliation to mitigate the sentence.
  3. Expertise: Determining the real market value of the item.
  4. Court: Defense during the trial.

Why Legal.ge?

Theft charges are often resolved through plea bargains if the defense is built correctly. Legal.ge connects you with lawyers who can achieve the best result for you.

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