Montgomery Burglary Attorney

Being charged with burglary can be a very serious matter. If you are convicted, you could face a lengthy prison sentence, fines, and a permanent criminal record. At the Law Offices Of Gump & Deal, our Montgomery burglary lawyers can help you understand your legal options and work to build a strong defense on your behalf.

Facing Burglary Charges? We Can Help. Call the Law Offices of Gump & Deal at (937) 888-3246 or contact us online for a consultation.

What is Burglary?

Burglary is a serious criminal offense in Ohio, and understanding the elements of this crime is crucial when you're charged with it. Burglary is defined as unlawfully entering or remaining in an occupied structure or separately secured area to execute a criminal offense, typically theft, assault, or another felony. This means that a person can be charged with burglary even if they didn't actually steal or commit the intended offense. It's the unlawful entry with criminal intent that constitutes the crime.

The severity of a burglary charge can vary depending on several factors, including whether the alleged burglary took place in a residential or non-residential building. Residential burglary, which involves entering an occupied dwelling, is typically considered more serious than non-residential burglary. The specific circumstances of the case, such as whether weapons were involved, can also affect the charges and potential penalties.

What Are the Penalties for Burglary in Ohio?

The penalties for burglary in Ohio can be quite severe, and they vary based on the type and degree of the offense. Ohio classifies burglary into three degrees:

• First-Degree Burglary: This is the most serious form of burglary, typically involving residential buildings. If convicted of first-degree burglary, you may face a prison sentence of up to 11 years.
• Second-Degree Burglary: This includes non-residential buildings or other types of occupied structures. Second-degree burglary is still a felony and can result in a prison sentence of up to 8 years.
• Third-Degree Burglary: This is the least severe form of burglary and includes trespassing in a permanent or temporary habitation. A conviction for third-degree burglary can result in a prison term of up to 5 years.

Defenses Against Burglary Charges

Some common defenses against burglary charges may include:

• Lack of Intent: If the prosecution cannot prove that you intended to execute a crime when entering the premises, it may weaken their case.
• Mistaken Identity: Mistaken identity is a possible defense if the prosecution cannot establish beyond a reasonable doubt that you were the person who committed the burglary.
• Lack of Evidence: Insufficient evidence can lead to charges being dropped or a verdict in your favor. We can thoroughly examine the evidence against you to identify any weaknesses in the prosecution's case.
• Consent: If you had permission or consent to enter the premises, it may be a valid defense against burglary charges.
• Alibi: If you can prove that you were not at the scene of the alleged burglary when it occurred, you may have a strong alibi defense.

Understanding Ohio’s Burglary Laws in Detail

Burglary is a serious crime in Ohio, and it is defined under the Ohio Revised Code (ORC) Section 2911.12. This law states that burglary occurs when someone unlawfully enters or remains in a structure with the intent to commit a crime inside.

Here’s how burglary differs from similar offenses:

• Trespassing – Simply entering someone’s property without permission, but without intent to commit a crime.
• Robbery – Involves force or the threat of force while committing theft.
• Aggravated Burglary – Burglary that involves a deadly weapon or physical harm to someone inside the building.

Understanding these differences is important because each crime carries different legal consequences.

Aggravating & Mitigating Factors in Burglary Cases

The severity of a burglary charge depends on several factors. Some circumstances can increase or decrease the penalties you may face.

Aggravating Factors (Can Lead to Harsher Penalties):

• Use of Weapons – Carrying a gun or knife can escalate charges to aggravated burglary.
• Presence of People in the Building – Entering an occupied home is more serious than breaking into an empty warehouse.
• Prior Criminal Record – A history of similar offenses can result in longer sentences.
• Intent vs. Actual Crime Committed – Even if no crime was completed, intent alone can lead to a conviction.

Mitigating Factors (Can Help Reduce Penalties):

• No Prior Criminal Record – First-time offenders may receive lighter sentences.
• Lack of Harm or Damage – If no one was injured, the court may consider a lesser charge.
• Strong Alibi or Evidence of Mistaken Identity – If there is doubt about your involvement, charges may be dismissed.