Burglary and Breaking Entering Lawyers

There are 5 crimes in Ohio that criminalize the trespass by an accused onto the land, premises, or unoccupied or occupied structure of another. Those crimes are: (1) Burglary; (2) Aggravated Burglary; (3) Breaking and Entering; (4) Criminal Trespass; and (5) Aggravated Trespass.

Burglary Charges in Ohio

Burglary can be committed 4 different ways in Ohio. Depending on how it was committed, burglary can be classified as a second, third, or fourth degree felony. The 4 different types of burglary in Ohio are:

  1. A person by stealth, force, or deception trespasses in an occupied structure of another when another person is present and with the purpose to commit a crime. This type of burglary is a second degree felony punishable by up to $15,000.00 in fines, 8 years imprisonment, or both. See Section 2911.12(A)(1) of the Ohio Revised Code for further explanation.
  2. A person trespasses in an occupied structure with the purpose to commit a crime when another person is present or likely to be present. This type of burglary is also a second degree felony punishable by up to $15,000.00 in fines, 8 years imprisonment, or both. See Section 2911.12(A)(2) of the Ohio Revised Code for further definition.
  3. A person trespasses in an occupied structure with the purpose to commit a crime. This type of burglary is a third degree felony punishable by up to $10,000.00 in fines, 36 months imprisonment, or both. For further definition see Section 2911.12(A)(3) of the Ohio Revised Code.
  4. A person by stealth, force or deception trespasses in a permanent or temporary habitation of another when another person is present or likely to be present. This type of burglary is a fourth degree felony punishable by up to $5,000.00 in fines, 18 months imprisonment, or both. For further explanation see Section 2911.12(B) of the Ohio Revised Code.

Aggravated Burglary Charges in Ohio

Aggravated burglary occurs when an offender commits the first type of burglary described above, but also commits it either (1) while inflicting, attempting, or threatening to inflict physical harm on the alleged victim, or (2) while having a deadly weapon on his person or under his control. The offense of aggravated burglary is defined in Section 2911.11 of the Ohio Revised Code, is classified as a first degree felony, and is punishable by up to $20,000.00 in fines, 11 years imprisonment, or both.

Ohio Breaking and Entering Charges

Breaking and entering can be charged two ways in Ohio. The first occurs when an offender, by force, stealth, or deception, trespasses in an unoccupied structure for the purpose of committing a theft or felony. See Section 2911.13(A) of the Ohio Revised Code. The second occurs when an offender trespasses on the land or premises of another for the purpose of committing a felony. See Section 2911.13(B) of the Ohio Revised Code. Breaking and entering is classified as a fifth degree felony, and is punishable by up to $2,500.00 in fines, 12 months imprisonment, or both.

Our law firm has a proven record of success defending burglary, breaking and entering, and trespass crimes across Ohio. Call our firm to speak to a Columbus criminal defense attorney at (614) 454-5010 for a free consultation.