Burglary is generally the unlawful entry of a building or structure to commit a felony criminal offense (crime), theft, or assault. The definition of burglary varies from state to state (and in the federal system), and some states have different degrees of severity of the burglary offense—depending on the nature of the unlawful entry (type of building or structure), the intended purpose, and the illegal action taken by the defendant once inside the building or structure. In some states, breaking into an automobile, a coin-operated machine, or an ATM (automated teller machine) with the intent to commit a theft may also constitute the crime of burglary.

In Georgia, burglary is defined under the Official Code of Georgia Annotated (O.C.G.A.) § 16-7-1. The state differentiates between burglary in the first and second degree. First-degree burglary occurs when a person unlawfully enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another with the intent to commit a felony or theft therein. Second-degree burglary involves entering or remaining within any other type of structure with the intent to commit a felony or theft. Georgia law also recognizes the offense of 'smash and grab' burglary under O.C.G.A. § 16-7-2, which involves the entry into a retail establishment with the intent to commit a theft and causing damage to the establishment. The penalties for burglary can be severe and vary depending on the degree of the offense, prior convictions, and other factors. It is important for individuals charged with burglary in Georgia to seek the counsel of an attorney to understand the specific charges and potential defenses.