Burglary / Aggravated Burglary
Burglary is the act of entering a structure when another person is present, without consent, and in order to commit a crime. It is a felony charge, exposing the accused to years behind bars on a first offense, and lifelong consequences to follow. Take a burglary charge seriously and hire a seasoned criminal defense lawyer. Our priority is the protection of your criminal record and lowering the risk of this charge affecting your future.
Aggravated burglary is one of the most serious property crimes and may be punished by over a decade in prison. If you have been charged with aggravated burglary in Dayton, Columbus, Beavercreek, or the surrounding communities, call (937) 356-3969 for legal defense.
Dayton Burglary / Aggravated Burglary Lawyer
Joslyn Law Firm can assist you in the defense of your burglary charge. You should not assume you have to take a guilty plea, and you should absolutely be concerned about any property crimes appearing on your criminal record. Attorney Brian Joslyn cares about your short term and long term needs in the handling of this case. We know you may need a flexible payment option, security from time spent behind bars, and protection from a criminal record that hurts any future job opportunities.
Call (937) 356-3969 to set up a free, no obligation discussion about the best options for defense. We are here to answer your questions and also have ready answers for the things you have no idea to ask. Call us today if you are in Montgomery County, Miami County, Clark County, or Green County.
Montgomery County Burglary / Aggravated Burglary Information Center
- What constitutes a burglary offense in Ohio?
- How is an offense enhanced to aggravated burglary?
- Are there any defenses against these charges?
Ohio Burglary Charges and Penalties
Burglary often goes unsolved. It is punished harshly, however, when prosecutors feel they have enough evidence to convict. Burglary is the act of breaking into a home or other dwelling in order to steal or commit any other crime. It is punished to a greater degree if people are at home or a deadly weapon is in play.
Ohio Revised Code § 2911.12(A) states that it is prohibited for a person, by force, stealth, or deception, to:
- Trespass in an occupied structure when another person is present with purpose to commit any criminal offense; or
- Trespass in an occupied structure that is a habitation of any person when any person is present or likely to be present, with purpose to commit in the habitation any criminal offense.
The penalty for either offense described above is a felony of the second degree. The possible prison sentence is two to eight years with a maximum $15,000 fine.
Trespass means to enter and remain on a person’s property without privilege to do so. Burglary specifically references occupied structures – those buildings that act as permanent or temporary dwellings for people. These can include any house, watercraft, aircraft, railroad car, truck, trailer, tent, vehicle, or shelter that acts as a dwelling, habitation, overnight accommodation, or is likely to have a person present. The definition of occupied structure applies whether or not there are people present at the time of the trespass.
If there is not a person present and the building is not someone’s habitation, the charge will most likely be a felony of the third degree. The potential prison sentence is nine months up to three years and a maximum fine of $10,000.
A lesser sentence will apply if there is no intention to commit a crime. Ohio Rev. Code § 2911.11(B) states that no person, by force, stealth, or deception, shall trespass in a habitation of any person when any person is present or likely to be present. This offense is a felony of the fourth degree, punishable by six to 18 months in prison and $5,000 in fines.
Aggravated Burglary Charges and Penalties in Montgomery County
Aggravated burglary is a felony of the first degree, the most serious penalty for property crimes in Ohio.
For commission of burglary to be deemed aggravated burglary, the offense must have been made upon an occupied structure, while another person is present, in order to commit a criminal offense. Additionally, it is aggravated burglary when the offender:
- Inflicts, or attempts or threatens to inflict physical harm on another; or
- Has a deadly weapon or dangerous ordnance on or about them or under their control.
Deadly weapon means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon. Dangerous ordnance includes any automatic firearm, sawed-off firearm, zip-gun, explosive device, certain agents used in explosives, firearm silencers, etc.
Defenses to Burglary and Aggravated Burglary in Ohio
Joslyn Law Firm will methodically go through the events in question to learn why law enforcement believes you to have committed a crime. The first step is a call to (937) 356-3969 in order to have a conversation from your point of view. We will then find out what evidence is held by the prosecution and see where the two stories go astray. We have the tools to determine the weaknesses in the prosecution’s case and help fill the gaps in yours. There are a number of ways to bring to light reasonable doubt in the prosecution’s case. They may include the following:
- Defendant had permission to enter the property, which was not gained by deception
- Cannot prove your presence at the place and time
- The building in question does not meet the definition of an occupied structure
- Cannot prove that the building had been entered into
- Cannot prove the intent to commit a crime – for example, if nothing was taken from the home
- Cannot prove your control over a deadly weapon
Find the Best Burglary / Aggravated Burglary Lawyer in Dayton
Joslyn Law Firm affords you a 24/7 committed legal defense, ready to pore over the minutiae that could mean the different between guilty and not guilty. We never take the easy route in your case, but ensure each decision is made in step with your goals and needs. Call us at (937) 356-3969 to set up a consultation with attorney Brian Joslyn if you are in Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek, or any of the surrounding areas.
