To begin, burglary and aggravated burglary are serious, felony-level offenses in the state of Ohio. To be burgled is a frightening experience especially if the burglar is aggressive towards them. This is why many homeowners invest in security systems like resistant glass from https://riotglass.com, alarms to deter burglars, and - in the case of security cameras - to gather evidence and the identity of a burglar.
With this said burglary charges can be made against you in error or in prejudice. Even high-quality security cameras can be used to mistake identities. If you have been charged with burglary or aggravated burglary, you need to get adequate legal representation.
Columbus Burglary Attorney
An experienced attorney can help you prepare your defense. If you are convicted, you will have to pay a significant fine and face a potentially lengthy jail term. Your now serious criminal record will also make it difficult for you to find future employment.
It is in your best interest to treat your case seriously and secure help as soon as possible. Contact Attorney Adam Burke for your free consultation at (614) 280-9122.
If you have been accused of committing burglary, you were suspected to have, by force, through stealth or through deception:
- Trespassed in an occupied structure when someone was present in that structure with the intent of committing a criminal offense
- Trespassed in an occupied structure in which someone was present and living in permanently or temporarily with the intent of committing a criminal offense
- Trespassed in an occupied structure or building with an intent to commit a criminal offense in the structure
The complete law is more complex than this, of course, and is interpreted differently for every case. But the gist of the law is that you may be charged with burglary if you were suspected of trespassing in someone's property with a criminal offense in mind.
You will notice the words "intent" in the law often. This means, to be charged with burglary, you do not have to commit a crime. You just need to have the intent to commit a crime.
Intent can be difficult to prove in court because of the lack of evidence, so burglary cases may be defended against successfully with the help of a lawyer.
Depending on the circumstances of the case, burglary will be charged as either a felony of the 2nd, 3rd or 4th degree. 1
Ohio Aggravated Burglary
A person charged with committing aggravated burglary is suspected to have, by force, through stealth, or deception:
- Trespassed in an occupied structure when someone was present in that structure
- AND also suspected of having:
- caused, or attempted to inflict physical harm on a person
- had a deadly ordinance or a dangerous weapon with you or in your control.
Aggravated burglary is a 1st degree felony. You may be charged separately for any damage caused to a person at the location where you were trespassing. Aggravated burglary is considered to be more serious than simple burglary because of the potential serious harm to the parties involved in the matter. 2
Penalties for Ohio Burglary and Aggravated Burglary
A burglary may be a 4th, 3rd, or 2nd degree felony. A 4th degree felony involves a stay of 6 to18 months in prison, with fines of up to $5,000. A 3rd degree felony involves a prison term of 1 to 5 years, with fines of up to $10,000. A 2nd degree felony involves a prison term of 2 to 8 years, with fines of up to $15,000.
Aggravated burglary, as a 1st degree felony, involves a prison term of 3 to 10 years, with fines of up to $20,000. Additional penalties, at the behest of the judge, may be handed out as well (like a post-release control sanction). 3
Attorney Adam Burke Llc - Columbus, OH Burglary Defense Lawyers
It is important for those facing burglary and aggravated burglary charges to hire an attorney to help with the best possible defense for the case. Attorney Adam Burke is an experienced and qualified attorney who will hear the facts of your case and discuss all your options with you. Contact Attorney Adam Burke now for your free consultation at (614) 280-9122.