What Constitutes Burglary in Ohio?
As stated above, burglary is different than breaking and entering and also different than robbery. The laws regarding burglary can be found in Ohio Rev. Code § 2911.12. The crime involves a person.
- Trespassing into an occupied structure or a part of a structure;
- Using force, stealth, or deception;
- With the intent to commit a criminal offense.
Oftentimes the most confusing part of the burglary offense is what is actually considered a structure. The offense involves trespassing into a structure that is occupied by another person or a structure that is a permanent or temporary residence. A person does not necessarily have to be present during the time of the offense, just that a person is likely to be present.
Burglary charges can also be termed ‘aggravated’ if certain elements are present.
These provisions are found in Ohio Rev. Code § 2911.11 and it entails everything that the general burglary charge includes plus:
- Physical harm or a threat/attempt of physical harm on another person;
- A deadly weapon was present during the offense.
This means that if you trespass into a structure using force, stealth, or deception with another person present while having the intent of committing a crime AND one of the other elements, you may be facing aggravated burglary charges.
Penalties for Burglary in Dayton, OH
The consequences of burglary depend on the structure, the intent of the accused, if people were present, and if there was an aggravating element.
Below Is a Breakdown of the Penalties by Degree of Felony
First-degree felony: aggravated burglary offense
- A prison sentence between three and 10 years;
- A fine of up to $20,000.
Second-degree felony: burglary offense with another person present with intent of committing a crime
- A prison sentence between two and eight years;
- A fine of up to $15,000.
Third-degree felony: burglary offense with the intent of committing a crime but without another person present
A prison sentence between one and five years;
A fine of up to $10,000.
Fourth-degree felony: burglary without the intent of committing a crime but with present or likely to be present
A prison sentence between six and 18 months;
A fine of up to $5,000.
Team Up with Gounaris Abboud, LPA for Help
If you are facing burglary or any other theft crime charges in Dayton, OH contact our firm for aggressive representation. We have more than 50 years of combined experience assisting clients in their criminal cases and we can help. Searching for an attorney for your theft crime case in Dayton? Team up with a firm that is accredited by the Better Business Bureau and with a 10.0 “Superb” Avvo rating from the reviews of former clients.
You can start by filling out a free online case evaluation form describing your unique case. You can also contact our firm at (937) 660-8429 to discuss your case with one of our Dayton criminal defense attorneys.
