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Ohio Burglary Law


I have the experience necessary to defend an individual, adult or juvenile, from the charge of Burglary. Burglary has many forms, the most severe being called Aggravated Burglary with lesser forms being called Burglary.

Aggravated Burglary is a felony of the first degree, it requires a prison sentence of three to ten years.  After the prison sentence is served the convicted offender faces five years of post-release control a type of community control sanction. Other forms of Burglary have a minimum sentence of six months to a maximum sentence of eight years depending on the type of crime.

Often times a firearm is alleged to have been used in these crimes. This can add on an additional one, three, five, or seven years that must be served before any time is served on the underlying burglary. This means if you are convicted of using a firearm in an aggravated burglary and you pointed this firearm at someone, you would be looking at a minimum of 6 years in prison to a maximum of 13. This is all factually based but as you can see the amount of time served on these case is substantial.

Many people are often charged with burglary out of situations that are not really burglaries. This means that you need attorneys that understand this, and can address this issue with the State of Ohio. I know how to defend you from these charges. It is important you contact me immediately.


YOU NEED AN ATTORNEY -- the below law is far more complex that it appears

Call me - 24 hours a day, 7 days a week


Aggravated Burglary ORC 2911.11
  • Elements

    • Trespass in

      • An occupied structure, OR

      • A separately secured or separately occupied portion thereof

    • By force, stealth or deception

    • When another person other than an accomplice of the offender is present

    • With purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense

    • If any of the following apply:

      • The offender inflicts, attempts or threatens to inflict physical harm on another, OR

      • The offender has a deadly weapon or dangerous ordinance on or about the offender's person or under the offender's control.

  • F1 punishable by 3, 4, 5, 6, 7, 8, 9, 10 or 11 years and a maximum fine of $20,000.00

Burglary ORC 2911.12
  • Elements

    • By means of force, stealth, or deception

    • Trespass

      • In an occupied structure or in a separately secured or separately occupied portion of an occupied structure when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in separately secured or separately occupied portion of the structure any criminal offense (a felony 2), OR

      • In an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice is present or likely to be present, with purpose to commit in the habitation any criminal offense (a felony 2), OR

      • In an occupied structure or in a separately secured or separately occupied portion of an occupied structure, with purpose to commit in the structure any criminal offense (a felony 3), OR

      • In a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present (a felony 4).

 

        • F2 punishable by 1, 2, 3, 4 or 5, 6, 7 or 8 years and maximum fine of $15,000.00

        • F3 punishable by

          • 9, 12, 18, 24, 30, 36, 42, 48, 54 or 60 months and a maximum fine of $10,000.00

          • Unless if the offender has two or more prior, separate aggravated or regular robberies or burglaries - 1, 2, 3, 4 or 5 years and a maximum fine of $10,000.00

        • F4 punishable by 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 or 18 months and a maximum fine of $5,000.00

Breaking and Entering ORC 2911.13
  • Elements

    • Either

      • With purpose to commit a theft offense or any felony therein

      • Trespass in an unoccupied structure

      • By force, theft or deception.

    • OR

      • With purpose to commit a felony

      • Trespass on land or premises of another.

 

  • F5 punishable by 6, 7, 8, 9, 10, 11 or 12 months and a maximum fine of $2,500.00

Criminal Trespass ORC 2911.21
  • Elements

    • Without privilege to do so

    • Knowingly enter or remain on the land or premises of another

    • OR, Knowingly

      • enter or remain on land or premises of another, use of which is lawfully restricted to certain persons, purposes, modes or hours

      • When the offender knows he is violating such restriction or is reckless in that regard.

    • OR, Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access is given

      • By actual communication to the offender, OR

      • In a manner prescribed by law, OR

      • By posting in a manner reasonably calculated to come to the attention of potential intruders, OR

      • By fencing or other enclosure manifestly designed to restrict access

    • OR,

      • Being on the land or premises of another

      • Negligently refusing to leave

      • Upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.

  • It is no defense

    • if the land or premise is owned by a public agency

    • if the autorization was secured by deception

  • M4 punishable by not more than thirty days in jail and a maximum fine of $250.00, UNLESS

  • If physical harm is used or implied, it becomes Aggravated Criminal Trespass, ORC 2911.211, a M1 punishable by not more than six months in jail and a maximum fine of $1,000.00

 

  • Snowmobile, off-road motorcycle or all-purpose vehicle use imposes expanded penalties

Conspiracy

If you were there, you will likely be charged with the same crime even though you did not particpate in the crime.  This is called conspiracy.

Ohio Conspiracy Law