Are you being charged for burglary in Ohio? Burglary is a commonly occurring criminal offense in Ohio and everyday there are hundreds of individuals who are charged with this offense. Burglary generally entails an offender having the intention of commiting a crime and trespassing into some kind of building, structure, or home. Burglary is different than other criminal charges like robbery, criminal trespass, and grand theft in that the offender does not have to participate in committing a crime inside a building to be charged. A burglary conviction is prosecuted as a felony in Ohio. You will face harsh, unforgiving penalties and consequences such as extensive prison time, hefty fines and fines and permanently being on your criminal record.
Regardless of what happened in your case, it is understandable that you are probably scared and overwhelmed by the burglary charges that you are currently facing. You do not have go through this experience alone. The Cincinnati Criminal Defense Attorneys are here to provide their expertise, understanding and legal counsel to assist you in dealing with the burglary charge that you are facing.
Burglary can be defined according to the Ohio Revised Code (ORC 2911.12) as anyone who uses stealth, force or deception to carry out any of the actions below:
- Trespasses into a building that is occupied while another individual is there that is separate from anyone else taking part in the crime, and intends to commit a criminal offense inside the building;
- Trespasses into a home while another individual is there that is separate from anyone else taking part in the crime, and intends to commit a criminal offense inside the living space;
- Trespasses into a building while an individual is there and intends to commit a criminal offense inside the building;
- Trespasses into a home while an individual is there or there is a high probability of an individual being there, that is separate from anyone else participating in the crime.
Aggravated burglary is defined according to the Ohio Revised Code (ORC 2911.11) as anyone who trespasses into an occupied building by the use stealth, force, or means of deception while another individual other than an accomplice is there and has the intention of committing a criminal offense inside if either of the following are applicable:
- The offender causes, attempts, or threatens to cause harm or puts another person in danger;
- The offender is in possession of a weapon that could inflict death or the weapon is in their control.
If you are facing a burglary conviction in Ohio, the penalties that you will face are dependent on the severity of the facts and circumstances of your case such as whether you trespassed into a building or home and whether anyone was inside the building at the time of the offense.
If you are convicted of burglary in Ohio and the facts of your case indicate that you trespassed into an occupied building while another person was there and intended to commit a crime inside the building, then you will be charged with a second degree felony. This charge entails a minimum of two years and a maximum of eight years in prison in addition to paying fines as much as $15,000.
If you are convicted of burglary and the facts of your case indicate that you trespassed into a building with the intention to commit a crime and no one was inside, you will be charged with a third degree felony. This charge entails a minimum of one and up to a maximum of five years in prison in addition to paying fines as much as $10,000.
If you are convicted of burglary and the facts of your case indicate that you trespassed into a home while someone was there or was likely to be there, then you will be charged with a fourth degree felony. This charge entails a minimum of six and up to a maximum of 18 months in prison in addition to paying as much as $5,000 in fines.
Aggravated Burglary Penalties
If you are convicted of aggravated burglary in Ohio, the penalties that you will likely face are severe. An aggravated burglary conviction is not punished lightly in the Ohio court system.
An aggravated burglary conviction in Ohio is charged as a first-degree felony. This charge entails a minimum of three and up to a maximum of 10 years in prison in addition to fines up to $10,000.
Other Consequences of Burglary
Burglary in Ohio involves harsh and unforgiving consequences in addition to extensive prison time and exorbitant fines and fees. Due to the serious nature of burglary offenses, this charge could potentially be on your criminal background for the rest of your life. If you are convicted of burglary in Ohio, other areas of your life may be profoundly impacted in a negative way as well. For example, you may face difficulty keeping or finding a job, furthering your education, difficulty financially, obtaining loans, maintaining professional licensures and keeping custody of your children.
Every day in Ohio, there are many individuals who are charged with burglary. If you are facing burglary charges, it is imperative that you immediately contact the Cincinnati Criminal Defense Attorneys. A burglary charge can be a frightening and overwhelming experience, and you do not have to go through it alone. Although every case is different, it is crucial that you obtain an experienced, knowledgeable and compassionate attorney as soon as possible who will fight vigorously for your legal rights and best interest. The sooner you speak with an attorney, the better your options will be regarding your sentence. The Cincinnati Criminal Defense team has successfully defended hundreds of individuals charged with burglary. Their knowledge, experience and compassion for your case will help you receive the justice you deserve.