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Defense from Burglary Charges in Ohio

If you’ve been arrested or charged with burglary, you need to speak with a Cleveland burglary defense lawyer as soon as possible. Burglary can be charged anywhere between a fourth-degree felony and a second-degree felony, depending on the circumstances presented by the prosecutor. Whatever you’re facing, felony conviction could result in lengthy prison time as well as lifelong consequences for your housing and employment.

Defendants in your position call Patituce & Associates, LLC. In a system where 95–98% of criminal cases never go to trial, our firm hastried more than 200 cases before a jury. We have the resources to fiercely advocate for our clients’ needs, refusing to settle or take a plea deal when their best interests lie in going to trial. Because we’re former prosecutors, we know where to look for weaknesses in the prosecution’s case, giving you the best chance of success. If you’ve been charged with burglary, contact our Cleveland burglary defense attorney.

In other words, we’re seasoned trial lawyers with proven results. For people who want a fighting chance in court, Patituce & Associates, LLC is the firm to call.

What Is Burglary Under Ohio Law?

Burglary is defined in §2911.12 of the Ohio Revised Code (ORC). We’ll summarize what the law says here: burglary is when a person forces, lies or sneaks their way into any potentially occupied building (or section of a building) with the intent to commit a crime. Note that while burglary is considered a theft crime, you needn’t actually steal anything.

The severity of a burglary charge depends on three factors:

  • If someone isin the building when it’s broken or snuck into
  • If the building is someone’s home (either permanent or temporary)
  • If the prosecutor can prove the defendant intended to commit a crime

If someone is accused of breaking into someone’s home while an occupant is “likely to be present,” they’ll be charged with a fourth-degree felony, but only if prosecutors can’t prove the defendant was going to commit a crime. However, if someone is accused of breaking into an unoccupied building with the intent to commit a crime, they’ll be charged with a third-degree felony. But if someone is accused of breaking into a home or an occupied building and the prosecution can convince a jury they intended to commit a crime, then they’ll be charged with a second-degree felony.

What Are the Penalties for Burglary in Ohio?

The penalties will depend on the charges. As we noted above, burglary can be a felony of the fourth, third, or second degree. Prior convictions will also affect sentencing.

That means the penalties for burglary could be:

  • 4th-degree: 6–18 months of prison and a $5,000 fine
  • 3rd-degree: 9–36 months of prison and a $10,000 fine
  • 2nd-degree: 2–8 years of prison and a $15,000 fine
  • 2nd-degree with prior convictions: 12–18 years of prison and a $15,000 fine

Keep in mind that the prosecutors don’t care about intent or knowledge. If someone is charged with breaking into an occupied building with the intent to commit a crime, even if the defendant didn’t know it was occupied and had no actual intent, then they could be hit with a life-changing sentence.

Call Burglary Trial Lawyers in Cleveland, OH

If you have a criminal record at all, it’s vital that you speak with our Cleveland burglary attorneys as soon as possible. A burglary charge with a prior conviction could leave you in prison for over a decade; it might be the only way to fight for your future is in court. Patituce & Associates, LLC has the resources, experience, and track record to fight the prosecution on your behalf. Let us help.

Call (440) 471-7784 or contact us online for a free, confidential consultation as soon as possible.