Burglary
Burglary is often associated with robbery, larceny, theft or breaking and entering, but the penalties and consequences for a conviction for each of these offenses in Ohio can be very different. In order to be charged with burglary, an alleged offender does not have to actually commit a criminal offense in the building or structure. They merely had to have the intent to commit some kind of crime.
Intent is often very hard for the prosecution to prove because it is a subjective element, which means it is unique to the alleged offender and usually not based on verifiable evidence. This makes it invaluable to learn more about your legal options.
Columbus Burglary Defense Attorney
If you have been charged with a burglary offense in the Columbus, Ohio area, contact the Joslyn Law Firm. Brian Joslyn of the Joslyn Law Firm will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Call the Joslyn Law Firm at (614) 444-1900 for a free consultation today about your alleged burglary offense in Franklin County and the surrounding areas of Ohio.
Burglary According to Ohio Law
Burglary – Ohio Rev. Code § 2911.12: An individual may be charged with this offense if they commit any of the following acts through the use of force, stealth or deception:
- Trespassed into an occupied structure when another person was present (besides an accomplice) and the alleged offender intended to commit any criminal offense in the structure;
- Trespassed into an occupied structure that is a permanent or temporary habitation or residence when another person was present (besides an accomplice) and they intended to commit any criminal offense in the residence;
- Trespassed into an occupied structure or building and intended to commit any criminal offense in the structure; OR
- Trespassed into a permanent or temporary residence (habitation) when any person was present or likely to be present (besides an accomplice).
Aggravated Burglary – Ohio Rev. Code § 2911.11: An individual can be charged with this offense if they trespass in an occupied structure through force, stealth or deception when another person is present (besides an accomplice), they intend to commit any criminal offense in the structure, and:
- The alleged offender inflicts, attempts or threatens to inflict physical harm on another person, or
- The alleged offender has a deadly weapon with them or under their control.
Penalties for Burglary in Ohio
Burglary is punishable as a felony of the second degree if the alleged offender commits the offense when another is present and the alleged offender intends to commit a criminal offense in the structure. This offense can incur between two and eight years in prison and/or fines up to $15,000.
Burglary is punishable as a felony of the third degree when the alleged offender intents to commit a criminal offense inside, but no other person is present. This offense can result in a prison sentence from one to five years and/or fines not more than $10,000.
Burglary is punishable as felony of the fourth degree when the alleged offender trespasses into another’s residence when someone else is present or likely to be present, but does not intend to commit a criminal offense. This offense can lead to a prison sentence ranging from six to 18 months and/or fines up to $5,000.
Aggravated burglary is punishable as a felony of the first degree, which can result in a prison sentence ranging from three to 10 years and/or fines not more than $20,000.
Joslyn Law Firm | Columbus Burglary Lawyer
If you have been charged with a burglary offense in Columbus, Ohio, contact Brian Joslyn of the Joslyn Law Firm to discuss your unique situation. Brian Joslyn is knowledgeable Columbus property charges lawyer and will make every effort to help you find the best possible outcome for your situation.
Call the Joslyn Law Firm at (614) 444-1900 for a free consultation about your alleged burglary of property offense in Franklin County and the surrounding counties, including Pickaway County, Madison County, Delaware County, Licking County and Fairfield County in Ohio.