Burglary Defined

Understanding Burglary as More Than Just Theft Burglary might commonly be linked to the act of theft, but it spans beyond mere breaking and entering to commit theft within a dwelling or building. Ohio law elaborates that even without the actual act of theft, an individual could face burglary charges for merely trespassing in an occupied structure with any illegal activity in mind.

  • Felony Classification: Burglary is treated as a serious felony in Ohio, attracting stiff penalties.
  • Potential Penalties: Those found guilty of burglary may face long-term imprisonment and considerable fines.
  • Accusation Circumstances: Many face burglary allegations under the misconception of having permission to enter a property. Proving the intent to commit a crime, a necessity for this charge, poses a challenge for prosecutors.

If you find yourself facing a burglary accusation in the Mahoning County region, prioritizing your legal defense becomes crucial. Exercising your right to remain silent until you secure legal representation can significantly impact your case’s outcome.

Youngstown Criminal Law Group: Sean Logue, a dedicated Youngstown criminal lawyer, aims to secure the most advantageous result for your situation, striving for charge reduction or dismissal.

  • Initial Consultation Offer: A free, no-obligation review of your case is available by contacting (330) 992-3036, providing an opportunity to understand your legal avenues with Sean Logue’s expertise.

Adapting to the legal complexities of a burglary charge demands informed and assertive defense tactics. Leveraging experienced legal counsel can help illuminate your path towards favorably addressing these serious allegations.

Understanding Burglary Charges in Mahoning County

In Ohio, particularly within Mahoning County, burglary charges carry significant legal implications. Based on the Ohio Revised Code § 2911.12, we’re given clear definitions and gradations of burglary offenses—ranging from third-degree felonies to the more severe first-degree aggravated burglary. Here’s a simplified breakdown to help you grasp the essentials of burglary laws in Ohio:

The Basics of Burglary Charges

At its core, burglary involves unauthorized entry into a structure with the intent to commit any criminal offense. The specifics of the charge can vary based on several factors:

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

 When Burglary Charges Escalate

Burglary offenses can become more serious depending on certain conditions present during the act:

  • Second-Degree Felony: If there’s another person present in the structure (who isn’t an accomplice), and you still proceed with the intent to commit a crime, the charge escalates.
  •  First-Degree Felony (Aggravated Burglary): This charge is applied when the act of burglary includes more perilous elements, such as physical harm or the presence of a deadly weapon.

Detailed Insights into Aggravated Burglary Charges

Under Ohio Revised Code § 2911.11, aggravated burglary is distinguished by the additional risk it poses, which includes the following prerequisites for the charge:

  1. Physical Harm Involved: If”the perpetrator causes”, attempts to, or threatens to cause physical harm to someone else during the burglary.
  2. Presence of Deadly Weapon or Hazardous Ordnance: Having a weapon capable of causing death or controlled items meant for military use significantly increases the severity of the charges.
  • Deadly Weapon: Any object capable of causing death that is designed for use as a weapon, or is being possessed, carried, or used as one.
  • Dangerous Ordnance includes a wide array of weapons and explosive devices, from automatic firearms and sawed-off shotguns to high explosives and military tools designed for mass destruction. Interesting exceptions include antique firearms, sporting guns, and certain types of cannons.

Exemptions from Dangerous Ordnance Charges:

Not everything that seems dangerous is classified under the law as “dangerous ordnance.” Some exemptions include:

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


Burglary charges in Mahoning County, as dictated by Ohio law, offer a tiered view of how various degrees of this crime are approached legally. Understanding these distinctions is crucial, especially in recognizing how the presence of other people or weapons at the scene can escalate the situation. Through familiarizing yourself with this framework, individuals can better comprehend the seriousness of burglary offenses and the importance of legal guidance when faced with such charges.

Understanding the Consequences of Burglary Charges in Youngstown

Burglary offenses are treated as serious crimes and can result in hefty penalties. The severity of the punishment depends on the level of the felony:

  • For a Third-Degree Felony: Individuals may face up to 5 years in prison and/or be fined up to $10,000.
  • For a Second-Degree Felony: The consequences can include up to 8 years in prison and/or a fine of up to $15,000.
  • For a First-Degree Felony: Penalties could be as severe as 11 years in prison and/or a fine up to $20,000.

Being found guilty of a felony can lead to a loss of the right to own firearms and can also make finding employment, securing housing, or obtaining professional licenses much more difficult.

If you or someone you know has been arrested for burglary in Ohio, it’s crucial to seek legal advice before talking to the authorities. The Youngstown Criminal Lawyers are here to support you.Sean Logue, with vast experience as a Youngstown OVI attorney, offers representation across Mahoning County. To discuss your situation, you can reach us at (330) 992-3036 or through our online contact form for a free and confidential initial consultation.

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