In Ohio, burglary is usually prosecuted as a felony. This means you could face harsh and unforgiving consequences and penalties such as hefty fines, extensive prison time, and permanently having a criminal record. It’s crucial to call an experienced Toledo burglary lawyer as soon as possible.
No matter the details surrounding your case, it’s understandable that you are likely overwhelmed or scared by the charges. But you don’t have to go through it alone. The criminal defense lawyers at Patituce & Associates are always ready to provide their legal counsel and understanding to help you deal with your charges.
What Is Burglary Under Ohio Law?
Burglary involves having the intention of committing a crime and trespassing into some structure, building, or home. It’s different from other criminal charges like criminal trespass, robbery, and grand theft in that the accused doesn’t have to commit the crime inside a building to be charged.
Burglary is defined in the Ohio Revised Code (ORC 2911.12) as using force, stealth, or deception to carry out any of the following actions:
- Trespassing into a building or separately occupied section of a building while another individual (not part of the crime) is present with the intention of committing a criminal act.
- Trespassing into a permanent or temporary residence while there’s another person present (separate from anyone else involved in the crime, with the intention of committing a criminal offense inside the living space.
- Trespassing into a building where there’s a high probability of an individual being present or while an individual is there that is separate from those committing the crime.
Burglary is a common offense in Ohio, with hundreds of individuals being charged with this offense every day.
What Are the Penalties for Burglary in Ohio?
In Ohio, burglary is punished quite severely. Persons convicted of this offense are penalized based on the following guidelines:
- Aggravated burglary (First-degree felony): Up to 10 years in state prison and fines of up to $20,000
- Burglary (second-degree felony): Not more than 8 years in state prison and fines of up to $15,000
- Burglary (third-degree felony): Not more than 5 years in state prison and fines of up to $10,000
- Burglary (fourth-degree felony): not more than 18 months in state prison and fines not exceeding $5,000
- Criminal misdemeanor (fourth-degree misdemeanor): jail time not exceeding 30 days and fines of up to $250
If you or a loved one has been accused of unlawfully gaining access to an occupied building or home, don’t hesitate to contact the experienced lawyers at Patituce & Associates in Ohio.
What Are Some Defenses for Burglary in Ohio?
We have worked in the legal field for many years, and our attorneys have devised a variety of effective defense strategies to defend our clients and fight their burglary charges. The following are some of the strategies that could be used as defenses for burglary charges.
Eyewitness accounts are known to be notoriously unreliable. In fact, it’s not unusual for a witness to see an individual enter a building and then later identify a different person when they are interviewed by the police. As such, if your defense attorney can prove that a witness misidentified the accused, it’s easier to get the case dismissed.
By nature, the act of burglary entails entering another person’s property without their permission. As such, if your attorney can prove their clients had the owner’s permission to be on the premises, it would be enough to have the case thrown out.
Lack of Intent
Convicting someone of burglary in Ohio requires proof that the accused intended to commit a crime in the building they entered. As such, if an attorney can prove that the client didn’t commit a crime, then they can have the charges reduced to a misdemeanor like criminal trespass, or have the entire case thrown out entirely.
If someone in Ohio is accusing you of unlawfully entering a home or building, our team can help. Contact us today to learn more about the strategies we could use to defend you and have your case dismissed.
Contact an Experienced Toledo Burglary Lawyer Today!
If you’re facing burglary charges in Ohio, you can turn to Patituce & Associates for help. Our team has the experience and skill needed to handle just about any criminal case, no matter how complicated the circumstances surrounding it are.