Burglary is a serious felony offense with potentially severe penalties, including lengthy prison sentences and hefty fines. If you are facing charges of this nature, it is crucial to hire me as an Athens burglary lawyer to defend your legal rights.
Hiring a theft defense lawyer for your burglary case in Ohio is crucial to safeguard your legal interests, build a strong defense, and potentially mitigate the consequences of a conviction. I can help you navigate the complexities of the legal system, negotiate with prosecutors, and represent you effectively in court.
Burglary is a far more common charge than people think. The charge is not just limited to nighttime stealthy thefts of audio/video equipment. A burglary charge can be brought even if nothing is taken. In Ohio, a burglary charge requires only that a person trespass in an occupied structure with the intent to commit a crime, any crime.
Domestic disputes between friends and family can result in burglary charges if the accused fails to leave when asked to do so. Sometimes, youthful offenders try self-help to recover personal possessions from friends and find themselves facing a burglary charge. If you have been charged with burglary, do not wait. Get the legal help you need now from an Athens attorney. I can help you understand the charges you are facing and the vital next steps in the coming legal proceedings.
Burglary charges and penalties vary based on the degree of the felony and the specific circumstances of the offense. Generally, burglary involves trespassing into a structure with the intent to commit a criminal offense inside. The penalties can range from those associated with a fifth-degree felony (breaking and entering) up to a first-degree felony (aggravated burglary).
Aggravated burglary, defined under Ohio Revised Code § 2911.11, is the most serious form, involving the use of force, stealth, or deception to enter an occupied structure with intent to commit a criminal offense, especially when the offender is armed or harms someone. Breaking and entering, defined under Ohio Rev. Code § 2911.13, applies to entering an unoccupied structure with the intent to commit a theft offense or felony.
Burglary in an occupied structure generally carries a higher penalty than breaking and entering an unoccupied structure. If a deadly weapon is involved, it elevates the offense to aggravated burglary. Prior convictions for burglary, robbery, or aggravated robbery can lead to enhanced penalties for subsequent burglary offenses.
A key element of burglary is the intent to commit a crime. If the defendant can show they did not intend to commit a crime when they entered the structure, it can be a valid defense. For example, if the accused entered a building believing they had permission, or even if they entered for a lawful purpose and then decided to commit a crime, this could negate the required intent.
Providing an alibi, supported by evidence like witnesses or documentation, can prove that you were elsewhere at the time of the alleged burglary. If the description of the perpetrator is vague or if there are multiple individuals who match the description, mistaken identity can be a viable defense.
These are just a few possible defenses, and the right approach will depend on the unique facts of your case. The prosecution must prove their case beyond a reasonable doubt. If the evidence is weak, incomplete, or improperly obtained, an Athens attorney can argue for a dismissal of the burglary charges.
With over 25 years’ criminal defense experience, a Ph.D. in criminology and a commitment to defending people charged with burglary and other violent crimes, let my experience and training work for you. Working with a private investigator, we will gather all of the facts necessary to effectively defend you.
As an Athens burglary lawyer, I will also work to protect you and your constitutional rights. I am always prepared when I enter the courtroom. I put my training, experience and public speaking skills to work to deliver factual, impassioned arguments and examinations that are compelling to judges and juries. Call now.