Columbus Burglary Lawyer

Burglary is not always about stealing. Under Ohio law, a burglary charge hinges on unlawful entry into an occupied structure with intent to commit a criminal offense, regardless of whether anything is ever taken. If you have been arrested for burglary in Franklin County or anywhere in central Ohio, the stakes are high: every degree of burglary in Ohio is a felony, and the most serious charges carry up to 11 years in prison.

At Luftman, Heck & Associates, our Columbus criminal defense team has spent more than a decade defending clients against burglary and aggravated burglary charges in the Franklin County Court of Common Pleas and courts across central Ohio. Call us at (614) 500-3836 for a free, confidential consultation.

What Is Burglary Under Ohio Law?

Ohio’s burglary statute is ORC 2911.12. To convict you of burglary, the prosecution must prove you trespassed by force, stealth, or deception in an occupied structure (or a separately secured part of one), and that one of the following was true at the time:

• Another person other than an accomplice was present, or was likely to be present, and you intended to commit a criminal offense inside.
• You intended to commit a criminal offense in the structure, even if no one other than an accomplice was present.
• You trespassed in a permanent or temporary habitation when any person other than an accomplice was present or likely to be present.

“Intent to commit a criminal offense” is what separates burglary from lesser charges like criminal trespass. Prosecutors often infer intent from circumstantial evidence: the time of day, tools found on the suspect, forced entry, or statements made after the arrest. A skilled burglary defense lawyer challenges that inference at every step.

Degrees of Burglary in Ohio

Ohio recognizes four levels of burglary, from aggravated burglary at the top to trespass in a habitation at the bottom. The degree turns on whether the structure was occupied, whether a person was present, and whether a weapon or injury was involved.

Aggravated Burglary: First-Degree Felony (ORC 2911.11)

Aggravated burglary is the most serious charge. Under ORC 2911.11, you commit aggravated burglary if you trespass in an occupied structure with intent to commit a criminal offense and any one of the following applies:

• You inflict, attempt, or threaten physical harm to another person.
• You have a deadly weapon or dangerous ordnance on or about your person or under your control.
• Another person other than an accomplice is present inside the structure.

Aggravated burglary is a first-degree felony punishable by 3 to 11 years in prison and a fine of up to $20,000. Under Ohio’s Reagan Tokes Law, first-degree felonies also carry an indefinite sentencing tail that can add additional years of prison time.

Second-Degree Burglary

Burglary is a second-degree felony when you trespass in an occupied structure (or a separately secured part of one) that is a permanent or temporary habitation, when any person other than an accomplice is present or likely to be present, and you intend to commit a criminal offense inside. A second-degree felony carries 2 to 8 years in prison and a fine of up to $15,000.

Third-Degree Burglary

A burglary charge drops to a third-degree felony when you trespass in an occupied structure with intent to commit a criminal offense, but no one other than an accomplice is present. Third-degree felony burglary carries 9 months to 3 years in prison and a fine of up to $10,000.

Fourth-Degree Burglary: Trespass in a Habitation

The lowest level of burglary in Ohio, sometimes called “trespass in a habitation,” applies when you trespass in a permanent or temporary habitation when any person other than an accomplice is present or likely to be present, but the state cannot prove you intended to commit a separate criminal offense. It is a fourth-degree felony, punishable by 6 to 18 months in prison and a fine of up to $5,000. Probation or community control is possible instead of prison.

Burglary vs. Breaking and Entering in Ohio

People often use “burglary” and “breaking and entering” interchangeably, but Ohio treats them as separate offenses. Breaking and entering, covered by ORC 2911.13, applies when the structure is unoccupied, not when it is occupied. Because the risk to people inside is lower, breaking and entering is a fifth-degree felony rather than a higher-level burglary charge.

The short version: if the structure was a home, an apartment, a hotel room, or any occupied building at the time of the alleged entry, prosecutors will push for burglary or aggravated burglary. If the structure was a closed business or an unoccupied outbuilding, the correct charge is usually breaking and entering. Getting this distinction right can mean the difference between a felony of the fifth degree and a first-degree felony carrying up to 11 years.

Occupied vs. Unoccupied Structure: Why the Distinction Matters

Every burglary charge in Ohio hinges on whether the structure was “occupied.” Ohio law defines an occupied structure as any house, building, outbuilding, watercraft, aircraft, railroad car, truck, trailer, tent, shelter, vehicle, or any part of any of these, if any of the following applies:

• Someone maintains it as a permanent or temporary home, even if no one is there at the moment.
• At the time of the alleged offense, it was specially adapted for overnight accommodation (a hotel room, for example), regardless of whether anyone was present.
• At the time of the alleged offense, any person was present or likely to be present.

If the prosecution cannot prove the structure met that definition, a burglary charge should not apply. In many Columbus cases, that turns out to be the single most important question. When the building is unoccupied, charges should be reduced to breaking and entering or, in some cases, simple Ohio criminal trespass.

Burglary vs. Criminal Trespass

Criminal trespass is a far less serious offense than burglary. It applies when you knowingly enter or remain on land or premises without privilege, but without intent to commit a separate criminal offense inside. Trespass is generally a fourth-degree misdemeanor, not a felony.

If your case comes down to an entry without intent to steal, damage, or assault, a qualified burglary defense lawyer will push to reduce the charge to trespass or get it dismissed outright. The difference matters: a criminal trespass conviction in Ohio does not carry the same long-term consequences as a felony burglary conviction.

Columbus Burglary Penalties and Long-Term Consequences

In addition to prison time and fines, a burglary or aggravated burglary conviction on your record in Ohio can affect nearly every part of your life, including:

• Losing or being passed over for employment, especially in any position that involves a background check.
• Being denied professional licenses in healthcare, education, finance, and other regulated fields.
• Difficulty qualifying for rental housing, student loans, or federal housing assistance.
• Immigration consequences for non-citizens, including potential removal or denial of naturalization.
• Loss of firearm rights under both Ohio and federal law.

Because burglary is always a felony, a conviction generally cannot be sealed for at least three years after completion of sentence, and aggravated burglary is not eligible for sealing at all. You can learn more about how felony cases move through the Ohio system on our Ohio felony charges overview.

How We Defend Columbus Burglary Charges

A burglary conviction is for life. That reality drives how our Columbus criminal defense team approaches every case: aggressive investigation, strategic motion practice, and hard negotiation.

Starting Your Defense

Burglary arrests usually begin with either a custodial arrest or a warrant. If a warrant has been issued, you will need to turn yourself in or risk additional charges. We will represent you at your initial bond hearing and push for a reasonable bond so you can be released from jail while your case is pending. More on this process is available on our Ohio bail and bond overview.

Investigating Your Case

Once you are out of custody, we get to work on discovery. We request every piece of evidence the state intends to use: police reports, body camera video, surveillance footage, 911 recordings, photographs, lab results, and witness statements. You receive a copy of everything. We also interview witnesses, visit the scene when useful, and identify any procedural mistakes by law enforcement, such as an illegal search, an unMirandized interrogation, or a defective warrant.

Common Defenses Against Burglary Charges

Burglary cases often turn on intent and identification. Depending on the facts, our defense strategy may include:

• Lack of intent. Burglary requires intent to commit a criminal offense inside the structure. If you entered for another reason, if you were intoxicated to a degree that negates specific intent, or if the state’s evidence of intent is purely circumstantial, the charge may not hold.
• Consent or permission. If you had permission to enter the premises, or a reasonable belief that you did, the trespass element of burglary may fail. This is common in roommate disputes, landlord-tenant conflicts, and domestic break-up situations.
• Mistaken identity. Witness descriptions are often vague, and eyewitness identification is notoriously unreliable. We challenge identifications through cross-examination, expert testimony, and by attacking lineup procedures.
• Alibi. A credible, corroborated alibi placing you somewhere else at the time of the alleged offense can be fatal to the state’s case.
• Unlawful search or Miranda violation. If police searched without a warrant or probable cause, or questioned you in custody without advising you of your rights, we move to suppress the resulting evidence.
• Occupied structure defense. If the building was not an “occupied structure” under Ohio law, the charge should be reduced or dismissed.

Negotiating to Reduce Burglary Charges

When the evidence is strong, the focus often shifts to charge reduction and mitigation. We work with Franklin County prosecutors to negotiate reductions, for example from aggravated burglary to standard burglary, from felony burglary to breaking and entering, or, in the right cases, from burglary to a misdemeanor trespass. Where the underlying conduct involves theft, a negotiated plea may open the door to Ohio’s theft diversion program, which can allow eligible first-time offenders to avoid a conviction entirely. If your case cannot be resolved through negotiation, we prepare it for motion hearings and trial.

Frequently Asked Questions About Ohio Burglary

What is the difference between burglary and breaking and entering in Ohio?

Burglary, under ORC 2911.12, requires unlawful entry into an occupied structure with intent to commit a criminal offense. Breaking and entering, under ORC 2911.13, applies to unoccupied structures. Burglary is a second, third, or fourth-degree felony, and aggravated burglary is a first-degree felony. Breaking and entering is a fifth-degree felony, a significantly less serious charge.

Is burglary a felony in Ohio?

Yes. Every degree of burglary in Ohio is a felony. Trespass in a habitation is a fourth-degree felony, straightforward burglary is a second or third-degree felony, and aggravated burglary is a first-degree felony. Even the least serious burglary charge can carry prison time and long-term collateral consequences.

What are the penalties for burglary in Columbus, Ohio?

Penalties scale with the degree of the charge. Aggravated burglary carries 3 to 11 years in prison and fines up to $20,000. Second-degree burglary carries 2 to 8 years and fines up to $15,000. Third-degree felony burglary carries 9 months to 3 years and fines up to $10,000. Fourth-degree trespass in a habitation carries 6 to 18 months and fines up to $5,000. All are handled in the Franklin County Court of Common Pleas.

What is the difference between burglary and criminal trespass?

Burglary requires both an unlawful entry into an occupied structure and intent to commit a separate criminal offense inside. Criminal trespass requires only an unlawful entry or refusal to leave, without that additional intent. Trespass is usually a misdemeanor, while every burglary charge is a felony. Reducing a burglary charge to trespass is one of the most important goals in many burglary defense cases.

Can I beat a burglary charge if no one was home?

Possibly. If the structure was not an “occupied structure” as defined by Ohio law, and no one was present or likely to be present, the prosecution may not be able to prove burglary. In that situation, the proper charge is often breaking and entering, which is a fifth-degree felony rather than a higher-level burglary. A careful review of the facts is essential.

What is aggravated burglary in Ohio?

Aggravated burglary under ORC 2911.11 is burglary that also involves a deadly weapon, physical harm or the threat of physical harm, or the presence of another person inside the structure. It is a first-degree felony punishable by 3 to 11 years in prison and up to $20,000 in fines, plus an indefinite prison tail under the Reagan Tokes Law.

Turn to LHA for a Columbus Burglary Defense You Can Trust

For more than a decade, Luftman, Heck & Associates has defended clients against burglary and aggravated burglary charges throughout Columbus, Franklin County, and central Ohio. We know the prosecutors, we know the judges, and we know how to build cases that expose the weaknesses in the state’s evidence.

If you or a loved one has been arrested for burglary, do not try to talk your way out of it with police. Call us first. Reach our Columbus office at (614) 500-3836, or request a free case evaluation. Your first consultation is free and confidential. You can also explore other Ohio theft and fraud offenses we defend.