The criminal charges of breaking and entering, burglary and aggravated burglary are all felonies Should you find yourself indicted on any of these charges, it is critical that you retain an experienced criminal defense attorney as soon as possible, to protect you throughout the legal process.
Ohio law breaks burglary down into three main offenses: Breaking and entering, burglary, and aggravated burglary.
Ohio Breaking and Entering
To be charged with felony breaking and entering (also referred to as B&E) you must trespass in an unoccupied structure with the intent to commit any theft or any other felony. If you are convicted of this breaking and entering, it is a fifth-degree felony punishable from 6 to 12 months in prison and a fine not to exceed $2,500.
Generally, to be charged with felony burglary of the second or third degree, you must have trespassed in an occupied structure – by force, stealth, or deception – with the intent to commit a criminal offense. Depending on the facts of your case – that is, whether someone was present or likely to be present – you can be charged with second degree felony burglary, which is punishable from to two to eight years in prison, and a fine not to exceed $15,000. You can also be charged with a third-degree felony burglary, which is punishable from 12, 18, 24, 30, or 36 months in prison. Depending on your criminal history, you may be sentenced to 48 or 60 months in prison and a fine not to exceed $10,000. A fourth-degree felony burglary requires you to trespass in a home when someone else is present or likely to be present. A fourth degree felony is punishable by 6 to 18 months in prison and a fine not to exceed $5,000.
Ohio Aggravated Burglary
Aggravated burglary is a more serious burglary offense. If you have been charged with aggravated burglary, you must have trespassed – by force, stealth, or deception – in an occupied structure where someone is present, with the intent to commit a criminal offense, and you inflict, or attempt or threaten to inflict physical harm to that person or have a deadly weapon or dangerous ordnance on or about you or under your control. Aggravated burglary is a first-degree felony which is punishable by from 3 to 11 years in in prison and a fine not to exceed $20,000.
Being charged with breaking and entering, burglary or aggravated burglary can change your entire life. It may likely leave a permanent mark on your record, you could struggle with finding employment, getting approved for loans, and even keeping custody of your children. These charges can result in a frightening situation that only an experienced criminal defense attorney can help you navigate through.
If you are being charged with breaking and entering, burglary or aggravated burglary, you need an experienced Ohio criminal defense attorney to help you navigate the criminal process. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.