Burglary is a common criminal offense in Ohio and there are numerous individuals who are charged with this offense in Cincinnati on a daily basis. If you are facing burglary charges, you should promptly seek guidance from the experienced Cincinnati burglary lawyers at Patituce & Associates.
Burglary generally involves having the intention of trespassing into some kind of structure, building, or home and committing a crime. Unlike other criminal charges such as criminal trespass, grand theft, and robbery, the offender doesn’t have to participate in committing a crime inside a building to be charged.
Burglary is prosecuted as a felony in Ohio with harsh, unforgiving consequences and penalties. If you are facing burglary charges, the experienced Cincinnati theft lawyers at Patituce & Associates are here to help you.
Call us today at 513-657-2440 to schedule your free consultation.
What Is Burglary Under Ohio Law?
Burglary is defined under Ohio law (ORC 2911.12) as the use of deception or force to carry out any of the actions below:
- Trespassing into an occupied building while another individual is there that’s separate from anybody else participating in the crime, with the intention of committing a criminal offense in the building.
- Trespassing into a home while another individual is present that’s separate from anybody else participating in the crime, and plans on engaging in a criminal act inside the home.
- Trespassing into a building while an individual is there with the intention of committing a criminal offense inside the building.
- Trespassing into a home while an individual is there or there’s a high probability of an individual being present, that’s separate from anybody else participating in the crime.
What Are the Penalties for Burglary in Ohio?
Burglary is always a felony in Ohio. However, the degree of the offense and associated penalties will depend on the specifics of each individual case. Some examples are listed below.
Second Degree Felony
If it involves trespassing with the intention of committing a crime when another person is either present or likely to be present, burglary is classified as a second-degree felony. Penalties include:
- Up to $15,000 in fines
- Between 2 and 8 years in prison.
Third Degree Felony
If it involves trespassing with the intent to commit a crime when no one is present, burglary is classified as a third-degree felony with penalties that include:
- Up to $10,000 in fines
- Between 9 months and 36 months in prison.
Fourth Degree Felony
If it involves trespassing in a habitation when another person is either present or likely to be present, burglary is classified as a fourth-degree felony. The penalties include:
- Between 6 and 18 months in prison.
You can also be sentenced to a term of probation in addition to time behind bars and fines for burglary in Cincinnati, OH. The terms of your probation may require you to complete community service hours, go to counseling, or even abstinence from alcohol and drugs.
What Are Some Defenses for Burglary in Ohio?
Always remember that you are innocent under the law until proven guilty. It is up to state prosecutors to prove that beyond a reasonable doubt, which is an incredibly high standard of proof.
You can make their job even more difficult by hiring our Cincinnati criminal defense lawyers at Patituce & Associates to assert a strong and aggressive defense on your behalf.
Here are some of the defenses to burglary charges we commonly use:
- You did not trespass on the property.
- You did not trespass with the purpose of committing a crime.
- You never committed a crime after trespassing in the structure.
- You have been falsely accused or mistakenly identified.
- Your arrest was unlawful, a search was illegal, or your rights were violated in some other way.
Call Our Cincinnati Burglary Lawyers Today!
If you have been charged with burglary in Cincinnati, Ohio, you should hire an experienced lawyer to help you get out of your current predicament. Fortunately, our defense lawyers at Patituce & Associates are highly experienced and will make every effort to help you find the best outcome possible for your situation.
Call us today at 513-657-2440 to schedule your free, no-obligation consultation.