Burglary

Columbus and Delaware, Ohio Criminal Defense Attorney

If you have been charged with burglary in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your burglary case.

What is Burglary?

Burglary is one of several theft offenses in Ohio, along with robbery and theft, but the penalties for each are very different. In order to be charged with burglary, a person does not have to commit a criminal offense in another person’s residence or building. Merely having the intent to commit some kind of crime is necessary. Intent is often difficult for a prosecutor to prove because of its subjective nature.

Burglary, pursuant to ORC 2911.12, is committing one of the following acts through the use of force, stealth or deception:

  • Trespassing into an occupied structure when another person was present and the offender intends to commit any criminal offense in the structure;
  • Trespassing into an occupied structure that is the residence of another when that person is present and the offender intends to commit any criminal offense in the residence;
  • Trespassing into an occupied structure or building and the offender intends to commit any criminal offense in the structure; or
  • Trespassing into an occupied structure that is the residence of another when any person was present or likely to be present.

Aggravated burglary, pursuant to ORC 2911.11, is trespassing into an occupied structure through the use of force, stealth or deception when another person is present, the offender intends to commit any criminal offense once inside the structure, and:

  • The offender inflicts, attempts or threatens to inflict physical harm on another person; or
  • The offender has a deadly weapon with them or under their control.

Penalties for Burglary

Burglary, if the offender commits the offense when another is present and the offender intends to commit a criminal offense once inside the structure, is a 2nd degree felony. This offense is punishable by 2-8 years in prison and a fine up to $15,000.

Burglary is a 3rd degree felony when the offender intends to commit a criminal offense once inside the structure, but no other person is present. This offense is punishable by 9 months – 3 years in prison and up to a $10,000 fine. However, if the offender has a previous robbery, aggravated robbery, burglary or aggravated burglary conviction, the offense is punishable by 1-5 years in prison.

Burglary, if the offender trespasses into another person’s residence when that person is present, but not intending to commit a criminal offense once inside, is a 4th degree felony. This offense is punishable by 6-18 months in prison and up to a $5000 fine.

Aggravated burglary is a 1st degree felony, which can result in 3-11 years in prison and up to a $20,000 fine.

Columbus and Delaware, Ohio Theft Attorney

If you have been charged with burglary in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio theft attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your burglary case. For further information, consult Johnson Legal, LLC’s Theft Offenses Blog.