What Does Burglary Really Mean?

Burglary is often thought of as simply breaking into a home to steal something. However, the legal definition extends far beyond that common understanding. Under Ohio law, specifically 18 Pa. C.S.A. § 3502, burglary occurs when someone unlawfully enters a building or occupied structure with the intent to commit a crime— not just theft.

This means you could face burglary charges even if you never actually took anything. Simply trespassing in a building with the intent to commit a crime is enough to warrant serious legal consequences. Many individuals find themselves accused of burglary under the mistaken belief that they had permission to enter a property. Proving criminal intent— a required element for the charge— can be complex, which is why anyone facing these allegations should consult a New Castle criminal lawyer immediately.

Understanding the Legal Consequences in Ohio

In Ohio, burglary is classified as a serious criminal offense. The penalties vary depending on the specific circumstances of the crime and are defined under 18 Pa. C.S.A. § 3502. Here’s what you need to know about how these charges are categorized:

Basic Burglary Charges

At its foundation, burglary involves unauthorized entry into a structure with criminal intent. The severity of the charge depends on several factors:

Third-Degree Felony: This charge applies when someone enters a building or a specific part of a building through force, stealth, or deception with the intention to commit a crime inside.

When Burglary Charges Become More Serious

Certain conditions can elevate burglary charges to more severe classifications:

Second-Degree Felony: If another person (who isn’t an accomplice) is present in the structure when you enter with criminal intent, the charge escalates to a second-degree felony.

First-Degree Felony (Aggravated Burglary): This most serious classification applies when the burglary includes additional dangerous elements, such as causing physical harm or possessing a deadly weapon. Those facing burglary or aggravated burglary charges should seek guidance from a New Castle DUI lawyer to understand defense strategies and potential outcomes.

Breaking Down Aggravated Burglary Charges

Ohio Revised Code § 2911.11 defines aggravated burglary as a burglary that involves heightened risk factors. To be charged with aggravated burglary, one or more of the following conditions must be present:

Physical Harm or Threats

If the person committing the burglary causes, attempts to cause, or threatens to cause physical harm to another person, the charge becomes aggravated burglary. Individuals facing these charges should immediately consult a New Castle criminal lawyer to understand their rights and potential defenses.

Deadly Weapons or Dangerous Ordnance

Having a deadly weapon or dangerous ordnance during the commission of a burglary significantly increases the severity of the charges.

Deadly Weapon: Any object capable of causing death that is designed, modified, or used as a weapon. This includes firearms, knives, and other instruments that could inflict fatal injuries.

Dangerous Ordnance: This category includes a wide range of weapons and explosive devices, such as:

• Automatic firearms and sawed-off shotguns
• High explosives and incendiary devices
• Military-grade weapons designed for mass destruction
• Zip guns and ballistic knives
• Certain types of ammunition designed to penetrate armor

If the case also involves situations where driving under the influence or vehicle-related incidents are factors, a New Castle DUI lawyer can provide specialized guidance to address both aspects of the legal challenges.

Important Exceptions to Dangerous Ordnance

Not every weapon-like item falls under the legal definition of “dangerous ordnance.” Ohio law provides several exemptions, including:

• Firearms with obsolete ignition systems or designed for black powder use
• Sporting firearms, including modified military weapons (as long as they’re not automatic or sawed-off)
• Historical artillery pieces manufactured before 1887 that use black powder
• Lawful possession of black powder and related materials for recreational use
• Inoperable or inert ordnance kept as collectibles, trophies, or for educational purposes

Anyone facing aggravated burglary or related charges should seek guidance from a criminal lawyer. If the situation also involves a driving offense or DUI-related issues, a New Castle DUI lawyer can assist with managing all aspects of the case to ensure comprehensive legal support.

What Are the Penalties for Burglary in New Castle?

Burglary convictions carry substantial penalties that can impact your life for years to come. The consequences depend on the degree of the felony:

Third-Degree Felony: Up to 5 years in prison and/or fines up to $10,000

Second-Degree Felony: Up to 8 years in prison and/or fines up to $15,000

First-Degree Felony: Up to 11 years in prison and/or fines up to $20,000

Beyond incarceration and fines, a felony conviction carries long-lasting collateral consequences. You may lose your right to own firearms, and finding employment, securing housing, or obtaining professional licenses becomes significantly more difficult. A New Castle criminal lawyer can help you understand these ramifications and work to minimize their impact.

Need Legal Representation? Contact a Criminal Lawyer

If you’ve been arrested for burglary in Ohio, seeking legal advice before speaking with law enforcement is crucial. The Youngstown Criminal Law Group provides experienced representation throughout Coshocton County and beyond.

Sean Logue brings extensive experience as a New Castle DUI lawyer and can offer the skilled defense you need. To discuss your case in a confidential setting, contact us at (330) 992-3036 or complete our online contact form. We offer free initial consultations to help you understand your legal options and develop a strong defense strategy.

Don’t face burglary charges alone. With the right legal representation, you can protect your rights and work toward the best possible outcome for your situation.