Burglaries

burglaries
Retaining the right Columbus Criminal Defense Attorney is necessary when charged with Burglary.

Burglary may be committed by force, stealth, or deception. It involves trespassing into an occupied place with the intent to commit a criminal offense. It may be charged as a felony in the second, third, or fourth degree depending on the circumstances. Aggravated burglary occurs when the offender inflicts or tries to inflict physical harm on another or has a deadly weapon. This type of crime will generally be charged as a first-degree felony.

Aggravated burglary is punishable by a prison sentence of 3 to 11 years. After serving the sentence, the convicted offender will face another 5 years of post-release control. Lesser burglary charges are punishable by 6 months to 8 years, depending on the facts of the case. In cases where a firearm is used in the crime of burglary, the convicted person will face an additional prison term of 1 to 3 years which must be served prior to the sentence for the underlying burglary. Because of the severity of the consequences of being convicted of burglary, it is important to have a competent Columbus theft defense lawyer in your corner as soon as possible. Our Columbus burglary attorneys can review your case and give you a straightforward evaluation of what to expect and how to proceed. We will work diligently towards helping you avoid a conviction with all of its negative consequences. Call me 614-307-4343 – 24 hours a day, 7 days a week.

Criminal Penalties 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 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 authorization 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

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