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Burglary and Theft Charges Dismissed at Hearing

Key Details

  • Charges: Burglary and Felony Theft by Taking

  • Risk: Felony convictions and significant prison time

  • Resolution: All charges dismissed at probable cause hearing

Case Description

Our client was charged with burglarizing the marital home and stealing property following separation from her spouse. The alleged victim testified that while they remained legally married, they were estranged and living separately. He claimed our client no longer had permission to enter the home and had taken property without authorization.

Legal Strategy

We identified a critical legal principle in Georgia law regarding theft between spouses. Our strategy centered on demonstrating that the legal relationship between the parties precluded the charges, regardless of their current living arrangements or relationship status.

Challenges

The case presented clear facts: our client had indeed entered the former marital home and taken property without the spouse's current permission. We had to overcome these seemingly straightforward facts through legal argument rather than disputing the underlying events.

Resolution

We successfully argued that under Georgia law, theft cannot be committed between spouses, even when they are estranged and living separately. The legal marriage relationship creates an immunity that prevents such charges. The Magistrate Court Judge agreed with our legal argument and dismissed both the burglary and felony theft charges completely.

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