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Burglary

Contrary to popular belief, burglary isn’t always associated with theft. To have committed burglary, you must have trespassed, by “stealth, force or deception,” in an occupied structure that’s currently being used, or a section of it that’s currently being used, and one of the following were true:

  • You were trying to commit an offense when someone other than an accomplice was there
  • You went to someone’s home to commit an offense when someone other than an accomplice was there or likely to be there
  • You were trying to commit an offense when nobody besides an accomplice was there
  • You did so when someone other than an accomplice was there or likely to be there

To commit aggravated burglary, you must have trespassed when someone other than an accomplice was there and done one of the following:

  • Physically harmed or attempted to harm someone else
  • Carried a deadly weapon or artillery

Nearly every day in central Ohio people are charged with burglary. Burglary penalties can range from a second degree felony, punishable by up to 8 years in prison to a first degree felony punishable by up to 11 years in prison.

If you are convicted of burglary, additional potential issues include:

  • Maintaining your current employment
  • Licensure issues in some professions
  • Difficulty getting a good job in the future
  • Difficulty and possible denial in immigration and naturalization proceedings

Simply put, if you are convicted of burglary, it will be on your criminal background for the rest of your life. No matter what the circumstances were in your case, you run the risk of being considered serious and potentially violent criminal offender. Therefore, it is critical that you to give your burglary charge the level of importance it deserves.

The Columbus Criminal Defense team takes a two pronged approach to all burglary cases. First and foremost, you will need a bond. Generally, you will be arrested when charged with burglary. If not, the charge(s) will be filed as a warrant and you will have to turn yourself in. We will represent you at your initial bond hearing and look to secure a favorable bond and your release from jail.

Thereafter we will figure out what mistakes the police or detectives made in their investigation, whether the prosecuting witness is fabricating the charges and what other legal issues can be raised on your behalf.

We do this by requesting discovery from the prosecutor and interviewing witnesses. The discovery will generally consist of police reports, additional investigative notes, pictures and recorded interviews. As our client, you will receive a copy of everything received from the prosecutor for your review.

Based on the legal weaknesses in the State of Ohio’s case and any other mitigating factors, we will negotiate the best possible plea available with the prosecutor for you to consider in resolving your case.

If your case cannot be resolved satisfactorily with a plea, it would then proceed to a motion hearing (a hearing where the judge issues a ruling on an evidentiary issue) or a trial to the judge or jury, depending on the circumstances.

For nearly ten years, the Columbus Criminal Defense team has successfully represented clients on criminal offenses ranging from minor misdemeanors to first degree felonies. That extensive previous experience will enable us to better help you.

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Are you in trouble? Contact us.

If you’ve been charged with burglary or aggravated, it’s important to know what you’re up against. If you have any questions left unanswered by this page, or if you need a competent, experienced attorney to fight for you in court, please contact us at or via email at advice@columbuscriminalattorney.com.

This is a felony of the second degree and carries the following penalties:
  • A prison term of two to eight years
  • A fine of $7,500 to $15,000
This is a felony of the third degree and carries the following penalties:
  • A prison term of nine months to three years
  • A fine of $5,000 to $10,000
This is a felony of the fourth degree and carries the following penalties:
  • A prison term of six to 18 months
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $5,000
This is a felony of the first degree and carries the following penalties:
  • A prison term of three to 11 years
  • A fine of $10,000 to $20,000
Have a question we didn’t answer below? Feel free to email us or call us and we’ll help you out.

The law defines an occupied structure as any house, building outbuilding, watercraft, aircraft, railroad car, truck, trailer, tent, or other structure, vehicle, or shelter, or any portion of them, to which any of the following applies:

  • It’s maintained as a place to live, even if someone doesn’t live there temporarily or nobody’s there at the time
  • Someone lives there, even if they’re not present at the time
  • It’s used as an overnight accommodation (hotel, bed and breakfast, etc.), whether or not people are present
  • At the time, someone’s there or likely to be there

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Luftman, Heck & Associates LLP
580 E Rich St Fl 2
Columbus, OH 43215-5335
advice@columbuscriminalattorney.com

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FAX: (614) 413-2886