Burglary is a serious offense under Ohio law, encompassing a range of unlawful activities related to entering or remaining in another’s property with criminal intent. Governed by Ohio Revised Code (ORC) § 2911.12, the crime of burglary includes different degrees of severity based on the circumstances of the offense.
Cincinnati Attorney for Burglary Charges
Burglary is a serious charge that requires forceful entry of another person’s property. However, not everyone charged with burglary is actually guilty of doing so. While most people think of burglars as cartoon villains carrying big sacks of money, the truth is that simple actions like going into a place you believe you have a right to enter and taking property that you believe to be yours can be considered burglary.
If you or someone you know have been charged with Burglary, you need to contact an experienced defense attorney immediately. The Wieczorek Law Firm, LLC is a tried and tested criminal defense firm with experience defending everything from petty theft, to burglary, to murder. Mark Wieczorek has over 16 years of experience defending those accused of crimes, and is ready to hear your case.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.
Overview of Burglary Charges in Ohio
- Burglary under Ohio Law
- Key Definitions
- Penalties for Burglary under Ohio Law
- Aggravating Factors
- Defenses to Burglary Charges
- Additional Resources
- Hire an Attorney for Burglary Charges in Hamilton County, OH
Burglary under Ohio Law
Burglary in Ohio encompasses a range of conduct, from simple trespass in an unoccupied building to aggravated burglary involving violence or weapons. The statutory framework under ORC § 2911.12 and related provisions provides clear definitions and varying degrees of severity, while case law further refines these interpretations.
Burglary is codified in ORC § 2911.12, which defines the crime and its varying degrees. The statute distinguishes between burglary and aggravated burglary, as well as other related offenses such as breaking and entering. Key provisions include:
ORC § 2911.12(A): “No person, by force, stealth, or deception, shall do any of the following:
(1) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or portion of the structure any criminal offense;
(2) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, with purpose to commit in the structure or portion of the structure any criminal offense;
(3) Trespass in an unoccupied structure, with purpose to commit in the structure any criminal offense.”
Each subsection describes a variation of the crime, with differing levels of severity based on whether the structure is occupied, whether force or stealth is used, and the offender’s intent.
Key Definitions
The prosecution relies on several key definitions in regards to ORC § 2911.12:
- Occupied Structure: Defined in ORC § 2909.01(C) as any building, outbuilding, or other structure maintained as a dwelling, regardless of whether someone is present, and includes any structure adapted for overnight accommodation or business purposes.
- Trespass: As defined in ORC § 2911.21, trespass involves knowingly entering or remaining on another’s property without privilege or consent.
- Force, Stealth, or Deception: These are methods by which an offender unlawfully gains entry or access:
- Force: Physical effort used to gain entry.
- Stealth: Entering secretly or surreptitiously to avoid detection.
- Deception: Using falsehoods or trickery to gain access.
- Criminal Intent: The purpose of committing a criminal offense inside the structure, which may include theft, assault, or other crimes.
Penalties for Burglary under Ohio Law
The severity of penalties for burglary depends on the specific subsection violated and the circumstances of the offense:
- Aggravated Burglary (ORC § 2911.11):
If the offender inflicts, attempts to inflict, or threatens to inflict physical harm, or if they possess a deadly weapon during the offense, the crime is elevated to a first-degree felony, punishable by:- Prison Term: 3 to 11 years.
- Fines: Up to $20,000.
- Burglary (ORC § 2911.12(A)(1)):
Entering an occupied structure with a person present is a second-degree felony, punishable by:- Prison Term: 2 to 8 years.
- Fines: Up to $15,000.
- Burglary (ORC § 2911.12(A)(2)):
Entering an occupied structure with no one present is a third-degree felony, punishable by:- Prison Term: 9 to 36 months.
- Fines: Up to $10,000.
- Burglary (ORC § 2911.12(A)(3)):
Trespassing in an unoccupied structure is a fourth-degree felony, punishable by:- Prison Term: 6 to 18 months.
- Fines: Up to $5,000.
Aggravating Factors
Several factors can aggravate the crime of burglary, leading to more severe charges or penalties:
- Presence of a Victim: If the structure is occupied and the offender encounters a victim, the crime may be charged as a second-degree or first-degree felony.
- Use of a Weapon: Possessing or using a deadly weapon during the burglary elevates the offense to aggravated burglary.
- Harm or Threats: Inflicting or threatening harm to a victim enhances the severity of the crime.
Defenses to Burglary Charges
Defending against burglary charges often involves challenging one or more elements of the offense. Common defenses include:
- Lack of Intent: Arguing that the defendant did not intend to commit a criminal offense upon entry.
- Mistaken Identity: Demonstrating that the defendant was wrongly identified as the perpetrator.
- Privileged Entry: Proving that the defendant had permission to enter the structure.
- Insufficient Evidence: Challenging the prosecution’s evidence, such as a lack of proof regarding forced entry or criminal intent.
Additional Resources
- Ohio Revised Code Section 2911.12 – This section of the Ohio Revised Code provides the legal definition and elements of burglary offenses in Ohio, detailing the various degrees of burglary and associated penalties.
- Burglary and Related Offenses – Ohio Public Defender – This resource from the Ohio Public Defender’s office offers an analysis of burglary laws, including case summaries and interpretations that are valuable for defense attorneys and individuals seeking a deeper understanding of legal precedents in Ohio.
Hire an Attorney for Burglary Charges in Hamilton County, OH
If you or someone you know have been charged with burglary in Cincinnati or its surrounding areas, you need to contact an experienced defense attorney immediately. The state takes burglary crimes seriously.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.