
Burglary and Theft Charges Dismissed at Hearing
Key Details
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.
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