Being arrested for burglary in the state of Ohio can be an incredibly frightening and embarrassing experience. However, the ride to the station in the back of a police cruiser is just the start of a long legal journey that can take months and could potentially conclude with you being sent to prison.
If you would like to ensure that your burglary case runs smoothly while making it difficult for the state to land a conviction, you will need the help of an experienced Cincinnati burglary lawyer. Contact the legal team at Suhre & Associates, LLC for a free consultation.
How the Suhre & Associates, LLC, Legal Team in Cincinnati, OH., Can Help You Fight Back Against Your Burglary Charge
Our Cincinnati criminal lawyer at Suhre & Associates, LLC, is dedicated to providing our clients with a vigorous legal defense. When you hire us to assist you with your burglary charge, we will:
Provide You with Sound Legal Advice
The Ohio legal system can be quite complex. So, as you are working through your burglary case, you are likely to come across a wide range of tricky situations that require you to make smart decisions.
Luckily, when you hire the Suhre & Associates, LLC, legal team, you won’t be making those tough choices on your own. Our knowledgeable and experienced lawyers will always be available to provide you with the advice and guidance you need. We have over 100 years of combined experience, so rest assured that you have the best legal team on your side when you hire us.
Negotiate with the Prosecution on Your Behalf
In the early stages of your burglary case, the prosecuting attorney may offer you a plea bargain agreement. Unfortunately, the terms of their initial deal are likely to be quite harsh. If you would like to try to make the penalties outlined in the deal a little more lenient, a period of negotiation will almost certainly be required.
The lawyers here at Suhre & Associates, LLC, have been negotiating with prosecutors in the state of Ohio for years. As such, we know all of the best tactics and techniques to use to convince them to make their offers fairer. If an improved deal is possible in your case, we will work tirelessly to try to make it happen for you.
Represent You in Court
If the prosecutor assigned to your case is not interested in resolving it using a plea bargain deal, you will almost certainly need to defend yourself in court. If you want your trial to run smoothly, you will need to have a skilled lawyer by your side throughout the process.
Fortunately, our legal team has years of experience arguing on behalf of clients in front of judges and juries throughout the state of Ohio. When you hire us, you can feel confident that you will receive a fair and just hearing in court.
If you would like to have a Suhre & Associates, LLC, criminal defense attorney represent you during your burglary case, all you need to do is give us a call or contact us online. Our experienced legal team is ready, willing, and able to help you fight back against your charge.
Understanding Ohio’s Burglary Laws
As a common-law crime, burglary can be broadly defined as the act of trespassing on or breaking and entering into another individual’s property with the intent to commit a felony. However, the state of Ohio does not operate on a common-law legal system. Instead, it uses a civil law system that explicitly defines the act of burglary in its legal code.
The Ohio Revised Code features three main statutes that outlaw burglary and trespass in the Buckeye State. They are:
Section 2911.12 of the Ohio Revised Code states that an individual may be charged with burglary if they use deception, force, or stealth to:
- Trespass in an occupied structure with the intent to commit a crime while another person (other than an accomplice) is present.
- Trespass in an occupied structure that is a habitation or residence with the intent to commit a crime while another person (other than an accomplice) is present.
- Trespass in a building or occupied structure with the intent to commit a crime.
- Trespass in a residence or habitation when another person (other than an accomplice) is present or is likely to be present.
In the state of Ohio, the crime of burglary is typically classified as a felony of the second, third, or fourth degree.
Section 2911.11 of the Ohio Revised Code explains that a person may be charged with aggravated burglary if they use deception, force, or stealth to trespass in an occupied structure with the intent to commit a crime while another person (other than an accomplice) is present and:
- The offender inflicts, attempts to inflict, or threatens to inflict physical harm on another individual.
- The offender is in possession of a deadly weapon or dangerous ordnance.
Aggravated burglary is almost always punishable as a felony of the first degree in the state of Ohio.
Section 2911.21 of the Ohio Revised Code states that, unless they are licensed or privileged to do so, individuals who perform any of the following actions may be charged with criminal trespass:
- Knowingly enters or remains on the land or premises of another individual or business.
- Knowingly enters or remains on the land or premises of another individual or business, in violation of a lawful restriction.
- Recklessly enters or remains on the land or premises of another individual or business, despite being notified of their unauthorized access.
- Refuses to leave the land or premises of another individual or business, despite being notified to do so.
In Ohio, criminal trespass is generally classified as a misdemeanor of the fourth degree.
At Suhre & Associates, LLC, we pride ourselves on being well versed in all aspects of Ohio burglary and trespass law. If you have been charged with one or more of the offenses outlined above, please reach out to us as soon as possible. We would be more than happy to help you fight back against your charges.
Criminal Penalties for Burglary Convictions in the State of Ohio
The state of Ohio punishes the crime of burglary quite severely. Individuals who are convicted of an offense of this nature are penalized in accordance with the following guidelines:
- First-Degree Felony (Aggravated Burglary): Up to 10 years in state prison and a fine of as much as $20,000.
- Second-Degree Felony (Burglary): Up to 8 years in state prison and a fine of as much as $15,000.
- Third-Degree Felony (Burglary): Up to 5 years in state prison and a fine of as much as $10,000.
- Fourth-Degree Felony (Burglary): Up to 18 months in state prison and a fine of as much as $5,000.
- Fourth-Degree Misdemeanor (Criminal Trespass): Up to 30 days in jail and a fine of as much as $250.
Have you been accused of gaining unlawful entry into an occupied structure or habitation? If so, please do not hesitate to contact the knowledgeable attorneys here at Suhre & Associates, LLC, in Cincinnati. We would love to meet with you to learn more about your case and provide you with more information about how we can help.
Defenses Against Ohio Burglary Charges
Having worked in the legal field for years, the attorneys here at Suhre & Associates, LLC, have used a wide range of defense strategies to help our clients fight back against their burglary charges. A short sampling of some of the strategies that often prove to be quite effective would include:
Eyewitness accounts are notoriously unreliable. It is not unusual for a witness to see one person enter a building and then later identify a different individual when interviewed by the police. If a defense attorney can show that their client was misidentified, they should have no trouble getting the case dismissed.
The act of burglary involves unlawfully entering another person’s property. Thus, if a lawyer can prove that their client had the owner’s permission to enter the premises, they could be able to get the case thrown out.
Lack of Intent
To convict someone of burglary or aggravated burglary in Ohio, the state must prove that they intended to commit a crime in the building that they entered. If an attorney can show that their client did not intend to commit a crime, they may be able to get their charge reduced to criminal trespass or dismissed entirely.
Is the state of Ohio claiming that you unlawfully entered a building or dwelling? The Suhre & Associates, LLC, legal team here in Cincinnati can help. Contact us today to have us devise an effective defense strategy for you.
Call an Experienced Cincinnati Burglary Defense Lawyer Today
If you are facing a burglary charge in the state of Ohio, there is only one law firm you need to turn to – Suhre & Associates, LLC. Our attorneys have the skill and experience needed to handle just about any case – no matter how complicated it may be. To get started, just give us a call and set up an initial consultation at our Cincinnati law office.