Cleveland Burglary Lawyer

Cleveland Burglary Attorney

Burglary is a serious offense. Facing a burglary charge can be confusing and stressful. If you have been charged with burglary, having the assistance of a Cleveland burglary lawyer is important during this time. A burglary defense attorney can help put your mind at ease as you navigate the legal system to help secure a favorable future.

Why Choose Us?

At Fortress Law Group, LLC, our Cleveland criminal defense lawyers understand how serious a burglary charge can be. With extensive experience defending those accused of crimes, including burglaries, our goal is to ensure that your rights are protected and you receive the greatest possible outcome for your situation. We are dedicated to providing individualized and sympathetic legal counsel.

We are here to accompany you every step of the way because we recognize the stress and anxiety that come with being accused of a crime. We can examine the specifics of your case to make sure that the legal system has upheld your rights. We can defend you in court, so you won’t have to go through this alone.

What Is a Burglary Crime in Ohio?

Each state has its own statutes in how they define burglary. In the state, burglary occurs when a person unlawfully enters a structure that is occupied for the purpose of committing a crime, such as theft. Unlawful entry involves entering the establishment through force, secrecy, or false pretenses.

Penalties for Burglary

The state categorizes burglaries into different groups, with prison sentences corresponding to the seriousness of the offense. When a victim is more likely to be harmed — for example, when the building is occupied, the defendant makes threats of harm, or the defendant is in possession of a weapon — the penalties escalate.

• Third-degree felony. Illegally entering or staying within a structure that is occupied with the intent to commit a crime is a third-degree felony. It is not necessary or plausible for another person to be present in order for the burglary crime to occur within the building. The criminal may be sentenced to nine months to three years in prison as well as a fine of up to $10,000. Certain circumstances may warrant longer prison sentences.
• Second-degree felony. Second-degree felony burglaries can happen in one of two ways. The first is when someone enters or is likely to enter a residence without permission with the intention of committing a crime there while another person is present. The second is when someone enters or stays uninvited in any occupied structure with the intention of committing a crime when one or more individuals (apart from accomplices) are in or around the structure. Each of these instances carries a required two- to 12-year jail sentence as well as a maximum of $15,000 in fines.
• First-degree felony. When a person is present during a burglary in an occupied building, it becomes first-degree aggravated burglary if the perpetrator has a weapon or a potentially dangerous explosive device or if they physically harm or threaten to harm someone who isn’t an accomplice. First-degree aggravated burglary carries fines of up to $20,000 and prison terms ranging from three to 16.5 years in Ohio. In some cases, there may also be enhanced penalties.

Defenses to Burglary

Legal knowledge and the capacity to refute the prosecution’s evidence are essential for effectively defending against a burglary allegation. Some common defenses against burglary charges in Cleveland include:

• Lack of intent. The intent to commit a crime inside the structure is one of the necessary components of a burglary charge. The burglary accusation might be dropped if the defense can demonstrate that the accused did not intend to commit a crime when they entered the premises.
• Identity error. The defendant may state that they were not the burglary’s perpetrator. For this defense to be successful, a defendant must prove their alibi or offer proof that another person committed the crime.
• Consent. A person can prove that they did not trespass if they received authorization to enter the building. An attorney would help prove that the accused had permission to enter the building from the property owner.
• Duress or coercion. It may be argued that the defendant was threatened or carried out the crime under duress. The attorney would have to show that the defendant committed the crime against their will.
• Insufficient evidence. The defense may argue that the prosecution has not satisfied its burden of proof and contest the adequacy of the evidence.

FAQs

Q: How Much Time Do You Get for Burglary?

A: Depending on the seriousness of the offense, burglaries in Cleveland, Ohio carry varying jail sentences. A felony burglary in the third degree carries a possible punishment of nine months to three years in prison. Burglary in the second degree is usually punishable by a mandatory prison term of two to twelve years. The sentence for first-degree aggravated burglary varies from three to 16.5 years.

Q: What Type of Felony Is Burglary?

A: Depending on the circumstances of the crime, burglary is classified as a second- or third-degree felony. Burglary in the third degree is typically defined as unauthorized access when no one is present. Situations when an unlawful entry takes place in a dwelling, particularly when another person is present or is likely to be there, are classified as second-degree felonies. An aggravated burglary is a first-degree felony.

Q: What Is the Sentence for Aggravated Burglary?

A: In Ohio, aggravated burglary is a first-degree felony that entails a maximum fine of $20,000 and a prison sentence of three to 16.5 years. This applies when the offender threatens or causes bodily harm to someone who isn’t an accomplice or when they are in possession of a weapon or potentially dangerous explosive device. Penalties may be increased if there are certain aggravating conditions present.

Q: What Constitutes a Burglary?

A: A burglary is when someone breaks into or stays inside an occupied building with the intention of committing a crime there. Entry may be gained by dishonest or unlawful means such as coercion, stealing, or false pretenses. An occupied structure refers to any building, car, or other structure that is utilized as a temporary home or place of residence.

Contact Fortress Law Group, LLC

If you or a loved one is facing burglary charges in Cleveland, Fortress Law Group, LLC, can provide you with the legal counsel you need. We can help you navigate the legal system and fight for your rights. Contact us today for more information.