Cleveland Burglary Defense Attorneys

What is Burglary Under Ohio Law?

Under Ohio Revised Code § 2911.12, burglary occurs when a person by force, stealth, or deception:

• Enters a building or structure (including vehicles, residences, and commercial properties), or any portion thereof, with the purpose of committing a crime inside; or
• Remains concealed in a building or structure with the intent to commit a crime.

The key elements prosecutors must prove in a typical burglary case are:

• That you entered or remained in a building or structure; and
• That you did so with the intent to commit a crime once inside.

Burglary is distinct from theft. You can be charged with burglary even if nothing was taken, as long as there was an entry or concealment combined with criminal intent at the time of entry. Likewise, burglary charges may be brought whether the structure was occupied or unoccupied, but the charges may escalate if the property was occupied.

One of the most common misconceptions in burglary cases is that a prosecutor must have proof of theft or force; in reality, entry with the intent to commit any crime (such as theft or another felony or misdemeanor) is sufficient to bring a burglary charge in Ohio. That’s why burglary charges can arise even in situations where the alleged offense appears minor at first, but actually might constitute a felony.

Levels of Burglary Charges in Ohio

Ohio’s burglary statute categorizes burglary charges based on the circumstances of the alleged offense. The levels determine potential penalties, but burglary is always a felony crime in the state. The levels also often have a big impact on how a defense strategy is developed. 

At Patituce & Associates, we are always ready to help with a burglary defense case involving any charge.

Fourth-Degree Felony Burglary

If you allegedly trespassed onto someone else’s residential property when someone else was or likely was to be there, but you did not intend to commit a criminal offense once there, you could be charged with fourth-degree felony burglary. 

In some contexts, this crime is described as criminal trespassing or unlawful entry, rather than a specific form of burglary. All the same, it is a felony and can carry severe penalties upon conviction, so such charges should be challenged whenever they occur.

Third-Degree Felony Burglary

Many burglary charges are filed as third-degree felonies, which occur when there is an allegation of unlawful entry into a structure or building with intent to commit a crime, but without additional factors that raise the severity of the charge.

Second-Degree Felony Burglary

Burglary rises to a second-degree felony when:

• The offender possesses a deadly weapon or dangerous ordnance while committing the burglary (even if it is not used); or,
• The burglary is alleged to have occurred in a habitation (a place meant to be lived in, such as a home), and the offender attempts to harm, threatens to harm, or actually harms someone inside during the course of the burglary.

Aggravated Burglary (First-Degree Felony Burglary)

In Ohio, aggravated burglary — sometimes referred to as first-degree burglary — applies when burglary occurs under particularly serious circumstances that elevate the offense beyond the standard second-degree felony.

Under Ohio Revised Code § 2911.12(B), aggravated burglary can be charged when:

• The offender inflicts, attempts, or threatens to inflict physical harm on another person during the burglary; and
• At the time of the offense, either:
  • The offender possessed a deadly weapon or dangerous ordnance; or
  • A victim was inside the structure, and the offender knew it.

What are the Penalties for Burglary in Ohio?

Penalties for burglary charges in Ohio depend on the degree of the felony, such as:

• Fourth-Degree Felony (Criminal Trespass): 6 to 18 months in prison and fines up to $5,000
• Third-Degree Felony: 1 to 5 years in prison and fines up to $10,000
• Second-Degree Felony: 2 to 8 years in prison and fines up to $15,000
• First-Degree (Aggravated) Felony: 3 to 11 years in prison and fines up to $20,000

A conviction on any felony burglary charge will result in a permanent criminal record, which can influence employment, housing, professional licensing, and other areas of life, long after your sentence ends. Given that every burglary degree in Ohio is a felony, that means being convicted of even fourth-degree burglary can trigger devastating collateral consequences that go beyond the criminal justice system.

Common Defenses to Burglary Charges

Every burglary case has unique facts, and the strength of the prosecution’s case can vary significantly. At Patituce & Associates, we evaluate every possible defense, from legal technicalities to credibility issues, to protect your rights.

Possible defenses to a burglary charge may include:

• Lack of criminal intent at the time of entry
• Mistaken identity or misidentification by witnesses
• Consent to enter the property
• Insufficient or unreliable evidence to prove entry or intent
• Unlawful search and seizure by law enforcement
• Evidence that the structure did not qualify as a “building or habitation”

We can thoroughly review police reports, witness statements, surveillance footage, digital evidence, and physical evidence to prepare a defense strategy that addresses both the legal elements and factual claims in your case.

Why Hire Us for Your Burglary Defense

Choosing a trustworthy defense attorney can lift the stress off your shoulders when you’ve been accused of burglary. If you handle your case on your own or rely on an understaffed public defender’s office, you could risk having important issues overlooked. At “best,” you can expect that a public defender won’t take your case personally because they simply don’t have the time to give it their full attention and resources.

On the other hand, if you work with our Cleveland burglary attorneys, you receive:

• A dedicated trial team with over 20,000 cases handled and 400+ cases taken to trial
• Leadership by a former prosecutor who knows how the state builds and presents burglary cases
• Board-Certified Criminal Trial Counsel, a rare credential indicating a high-degree of understanding of criminal trial advocacy
• Attentive, personal communication and 24/7 availability for urgent legal needs
• Strategic defense planning from the start

Take Action — Call Our Burglary Lawyers in Cleveland 24/7

If you are under investigation or have been charged with burglary in Cleveland or anywhere in Ohio, you should seek experienced legal counsel right away. Time matters in criminal defense because evidence can be lost, and the prosecution’s theory can solidify without a strong defense challenging it early. 

Patituce & Associates has the resources, experience, and track record to fight the prosecution on your behalf. Let us help.

Call (440) 771-1175 or use an online form to schedule a free, confidential consultation as soon as possible.