September 24, 2020 | Criminal Defense
Cincinnati police officers arrested the man suspected of breaking into United Dairy Farmers Stores throughout Hamilton County. Jerome Parker allegedly burglarized more than 15 United Dairy Farmers Stores between 1:00 a.m. and 3:00 a.m.
District 3 police officers searched for Parker’s white Honda CRV, which had also been used in several cigarette breaking and entering cases. They spotted the vehicle near McHenry Avenue on Harrison Avenue.
They initiated a traffic stop. During the stop, officers saw cigarettes and criminal tools in a trash can in the front seat of the vehicle. They also recovered drug paraphernalia, clothing worn during the burglaries, and a wig.
Parker was driving the vehicle. He admitted to the break-in in North College Hill earlier that night. The police charged Parker with several crimes, including numerous counts of breaking and entering, possession of criminal tools, possession of drug paraphernalia, and theft.
The items stolen totaled about $9,562, and property damage totaled $12,800. Law enforcement officials in Green Township, Cincinnati, Delhi Township, and North College Hill continue investigating the matter.
A passenger in Parker’s vehicle, Kathleen Rue, was also arrested and taken to jail. She had two outstanding misdemeanor warrants for drug paraphernalia charges.
What is Breaking and Entering?
ORC §2911.13 defines breaking and entering as:
- Using stealth, force, or deception to trespass in an unoccupied structure for the purpose to commit any theft offense
- Trespassing on land or the premises of another party to commit a felony
Breaking and entering is a felony of the fifth degree. A person can serve up to a year in prison and pay a fine of up to $2,500 for each count of breaking and entering.
How are Burglary and Robbery Different from Breaking and Entering?
Burglary and robbery both involve taking property that does not belong to you. The criminal charges have slightly different legal requirements than breaking and entering.
Burglary occurs when a person uses force, deception, or stealth to trespass in an occupied structure, residence, habitation, or building with the intent to commit a crime. The difference is that the place you are breaking into is occupied. Burglary also occurs when you break into a place and a person is present or is likely to be present.
Burglaries are considered felonies. The degree of the felony depends on the circumstances and facts of the case.
Aggravated burglary is a first degree felony in Ohio. You can be charged with aggravated burglary if you harm or attempt to harm another person, or you are in possession of a deadly weapon during the commission of the burglary.
Robbery involves taking property from a person by force or threat of force. Instead of breaking into someone’s home or business, you physically confront the person and by force or threat of force take their property without the person’s consent.
Several types of theft fall under the definition of robbery, including carjacking, purse snatching, business robberies, and “hold ups.” Robberies are either classified as first or second degree crimes. The difference is whether the person being robbed sustained physical injury or whether a deadly weapon was used or threatened to be used during the crime.
Robbery can be a Class B or Class C felony. Because robberies and burglaries are felonies, the punishment for these crimes might include lengthy prison sentences and substantial fines. Additionally, the person has a criminal record that can impact career choices, limit civil rights, affect child custody cases, and result in being ineligible for certain government benefits.
Are There Defenses to Breaking and Entering or Other Theft Charges?
Yes, there could be one or more defenses to the criminal charges you face. The first step in determining whether you should fight the theft charges is to talk with a criminal defense lawyer.
A lawyer reviews your case and analyzes the evidence against you. The attorney identifies any defenses that you might have, such as:
- Mistaken identity
- You had permission to be on the property
- You had permission to take the items
- You were impaired and did not know what you were doing
- Law enforcement used illegal entrapment techniques
- The officers did not have probable cause for a stop or an arrest
- Your civil rights were violated
Many individuals believe they can return the property or talk their way out of a theft charge. It is usually never in your best interest to talk to the police without a lawyer present.
The police may tell you that asking for a lawyer makes you appear guilty, or you do not need a lawyer if you did nothing wrong and have nothing to hide. However, asking for a criminal defense lawyer shows that you know your legal rights, and you are taking steps to protect them.
Contact the Cincinnati Criminal Defense Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202