What Defines a Burglary Case?
While burglary is a serious felony offense, there are many cases where someone enters into someone else's home or structure without the intent to commit a theft crime, or a sex crime, or another serious criminal offense. While it's technically illegal to enter onto someone else's land, or into someone else's dwelling or structure uninvited, there are many instances where someone might enter into someone else's property for more harmless reasons; the difference here that we are pointing out is the actual intent of the person entering the property without an invitation or permission.
Did you actually intend to commit another crime when you entered into the residence or structure, or were you planning on doing something else? Sometimes when the alleged victim of the property crime knows the perpetrator as in an old friend or an ex-boyfriend or girlfriend, the accuser can have ill intentions against that person and be making accusations out of spite and animosity for that person. Perhaps instead of burglary, your actions would be better categorized as criminal trespass under Section 2911.21 of the Ohio Revised Code, which is a misdemeanor in the fourth degree. If we can prove that there were mitigating circumstances that could reduce the consequences that you face, then it will be well worth it, especially if we can save you from being convicted of a second or third degree felony.
The actual crime of burglary involves trespassing by force, stealth, or deception in an occupied place with the intent to commit a criminal offense. It may be charged as a felony in the second, third, or fourth degree depending on the circumstances. Aggravated burglary occurs when the offender inflicts or tries to inflict physical harm on another or has a deadly weapon. This type of crime will generally be charged as a first-degree felony.
Aggravated burglary is punishable by a prison sentence of 3 to 10 years. After serving the sentence, the convicted offender will face another 5 years of post-release control. Lesser burglary charges are punishable by 6 months to 8 years, depending on the facts of the case.
In cases where a firearm is used in the crime of burglary, the convicted person will face an additional prison term of 1, 3, 5, or 7 years which must be served prior to the sentence for the underlying burglary. Because of the severity of the consequences of being convicted of burglary, it is important to have a competent lawyer by your side as soon as possible.
Dedicated and Passionate Legal Assistance
If you or someone you know is facing charges of trespass, breaking and entering, burglary or aggravated burglary, we recommend that you contact an attorney at our office to discuss your legal defense. Our criminal defense firm serves all of central Ohio with any type of criminal charges or investigations. We provide highly-qualified and responsive legal attention to your needs and will work aggressively on your behalf every step of the way.
Our attorneys can review your case and give you a straightforward evaluation of what to expect and how to proceed. We will work diligently towards helping you avoid a conviction with all of its negative consequences. It is our goal to know each and every case we work with in the most comprehensive manner possible. Our legal team strives to never be outsmarted, but to have thoroughly researched each and every aspect of your case.