Burglary/ Aggravated Burglary

While burglary and aggravated burglary cases often go unsolved, they are serious offenses in Ohio. If convicted, you could face lengthy prison time, pay a significant amount of fines and have the offense on your criminal record.

Burglary is usually considered any unlawful entry of a structure with the intent to commit a crime, while aggravated burglary is an unlawful entry of a structure and causing or attempting to inflict physical harm with a deadly weapon.

Attorney for Burglary/Aggravated Burglary in Dayton, OH

Burglary and aggravated burglary are serious offenses, but a defense team from Joslyn Law Firm will strive to reduce your penalties or get them dismissed. Our attorneys are experienced with burglary and aggravated burglary cases and serve Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek, and Fairborn.

Attorneys with Joslyn Law Firm will strive to protect your rights and achieve the best possible outcome for your situation. Call us today at Joslyn Law Firm or fill out our online form one of our attorneys will review your case for free.


Overview of Burglary/Aggravated in Ohio


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Burglary vs. Aggravated Burglary

Burglary is the act of entering a structure unlawfully with the intent to commit a crime such as theft. It is punished to a greater degree if individuals are inside the structure or a deadly weapon was used. 

Under Ohio Revised Code 2911.12, burglary is considered:

  • The trespass into an occupied structure when another person is present and living in with the intent to commit any criminal offense; or
  • The trespass into an occupied structure with the intent to commit a criminal offense.

Under O.R.C 2911.11 burglary is considered to be aggravated burglary if the following takes place:

  • The offender inflicts, attempts or threatens to inflict physical harm
  • The offender was in possession of a deadly weapon or dangerous ordnance.

An occupied structure is considered any building that acts as a permanent or temporary dwelling for people. O.R.C 2909.01 (C) considers any occupied structure as any home, building, outbuilding, watercraft, aircraft railroad car, truck trailer, vehicle or shelter.


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Penalties

In Ohio, burglary and aggravated burglary are serious offenses. Both are considered felonies under the O.R.C and come with a lengthy prison sentence and extensive fines.

The penalties for both forms of burglary depend on circumstances of your case such as whether you trespassed into a home or building and if there was anyone inside the building at the time of the offense.

If convicted of burglary, you could face the following penalties:

  • If the case proves you trespassed into a building with no one inside and with the intent to commit a crime, you could be charged with a third-degree felony, a minimum of one year and no more than five years in prison and up to $10,000 in fines.
  • If the case proves you trespassed into an occupied building with the intent to commit a crime, you could be charged with a second-degree felony, a minimum of two years and up to eight years in prison and up to $15,000 in fines.
  • If the case proves you trespassed into an occupied home, you could be charged with a fourth-degree felony, a minimum of six months and up to 18 months in prison and up to $5,000 in fines.

An aggravated burglary conviction in Ohio is not taken lightly. If convicted, the penalties you could face are more severe than burglary. The possible penalty for aggravated burglary is as follows:

  • If case proves you trespassed into a structure with the intent to cause harm or in the possession of a deadly weapon, you could be charged with a first-degree felony, a minimum of three years and up to 10 years in prison and up to $20,000 in fines.

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Possible Defense to Burglary/ Aggravated Burglary in Ohio

Joslyn Law Firm has the skills to determine the weakness in the prosecutor’s case to help fill the gaps in yours. Our defense team will also go through the offense in question and learn why the law believes you have committed a crime. There are numerous ways to bring reasonable doubt to the prosecutor’s case. Possible defenses may include:

  • Prosecutor cannot prove the building had been entered
  • Prosecutor cannot prove you had possession of a deadly weapon
  • You had permission to enter the property that was not gained by deception
  • Prosecutor cannot prove the intent to commit a crime. For instance, nothing was taken from the home
  • The building entered does not meet the O.R.C definition of an occupied structure

The best defense you can take is calling Joslyn Law Firm today at (937) 356-3969.


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Ohio Burglary/Aggravated Burglary Resources

Ohio Revised Code 2911.12 Burglary- View the full text of the Ohio Revised Code that governs burglary in Ohio. The statute offers an in-depth explanation of burglary and its penalties. This statute along with the rest of the Ohio Revised Code can be read at code.ohio.gov.

Ohio Revised Code 2911.11 Aggravated Burglary- Full text of the Ohio Revised Code statute covering aggravated burglary can be read on codes.ohio.gov. The statue provides an in-depth explanation of aggravated burglary and its penalties. Codes.ohio.gov is a website that features both the Ohio Revised Code and the Administrative Code.  


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Find a Burglary/Aggravated Burglary Lawyer in Dayton, OH

If you believe you are being investigated for burglary or aggravated burglary in Dayton, Ohio, the best defense you can take is retaining legal counsel from Joslyn Law Firm. Our attorneys are experienced with burglary and aggravated burglary cases and serve Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek and Fairborn

Joslyn Law Firm will strive to protects your rights and achieve the best possible outcome for your situation by getting your penalties reduced or the charges dismissed. Call Joslyn Law Firm today at (937) 356-3969 or fill out the form below and one of our attorneys will review your case for free.

  


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