Have you been arrested for burglary in Montgomery County, Ohio? Contact the Dayton burglary defense lawyers at Suhre & Associates, LLC for immediate legal assistance. We know that your future is at stake, so we’ll work tirelessly to protect it.
How a Dayton Criminal Lawyer Can Help You Fight Back Against Your Arrest
When you hire one of our Dayton criminal defense lawyers, we will work tirelessly to reduce the chances of your criminal charge becoming a conviction. We will help your case by:
Guiding You Through the Complex Justice System
The Ohio justice system was not designed to be easy to navigate. One wrong turn and your whole case could go off the rails in a hurry. As such, if you want to make it through unscathed, you will need an experienced attorney to provide you with guidance.
The Dayton criminal defense lawyers at Suhre & Associates, LLC have been working within the Ohio legal system for years. As such, we understand all of its complex processes and procedures. When you hire us, we will make sure that your case runs as smoothly and efficiently as possible.
Negotiating with the Prosecution on Your Behalf
Shortly after you are taken into custody, you will most likely be approached by a prosecuting attorney with a plea bargain. Unfortunately, most prosecutors are not known to be particularly generous with their opening offers. To get to a deal that is worth considering, some negotiation is required.
Since our founding, the Suhre & Associates, LLC legal team has negotiated countless plea bargains on behalf of our clients. We understand how to convince prosecutors to reduce charges, minimize prison time, and make a host of other concessions. If there is a deal to be made, we will work tirelessly to make it happen.
Representing You in Court
If the prosecuting attorney is unwilling to agree to a fair plea bargain, your burglary case will most likely end up in front of a judge. Since the outcome of your trial could be the difference between spending several years in prison or walking free, it is vital that you have an experienced defense attorney speak on your behalf.
Our skilled lawyers have been representing clients in the courtroom for years. As such, we know exactly how to create an effective defense strategy and deliver arguments that will resonate with the jury.
If you have been charged with burglary please do not hesitate to reach out to us. We would be happy to arrange a free consultation to discuss your case in greater detail.
Burglary Law in the State of Ohio
Before you can effectively fight back against a burglary charge, you must first understand a little more about it. The best way to gain this knowledge is to look at how the state defines the two main variants of this criminal offense – burglary and aggravated burglary. Let’s take a look:
Burglary in Ohio
Section 2911.12 of the Ohio Revised Code states you may be charged with burglary if you use force, stealth, or deception to:
- Trespass into an occupied structure or building with the intent to commit a criminal offense
- Trespass into an occupied residence when someone else was present or was likely to be present
- Trespass into an occupied structure with the intent to commit a criminal offense while someone else was present, or
- Trespass into an occupied residence with the intent to commit a criminal offense while someone else was present.
Even though burglary is often thought of as a theft crime, it is not necessary to steal anything to be charged with this offense.
Aggravated Burglary in Ohio
Section 2911.11 of the Ohio Revised Code states that you can be charged with aggravated burglary if you use force, stealth, or deception to trespass in an occupied structure with the intent to commit a criminal offense while someone else is present and:
- Inflict or threaten to inflict physical harm on another person, or
- Are carrying a deadly weapon.
No matter which of these two criminal offenses you have been charged with, the legal team at Suhre & Associates, LLC can help. Our knowledge of the law and experience in the field gives us the ability to provide you with a vigorous defense. To set up an initial consultation with one of our Dayton attorneys, just contact us online.
Punishments for Burglary Offenses in Ohio
Burglary is always a felony offense in Ohio. However, the penalties doled out for Ohio burglary cases depend heavily on the specific nature of the crime in question.
Burglary is generally punishable as a fourth-degree felony when the defendant has been convicted of trespassing in an occupied residence while another party was present or was likely to be present but did not intend to commit a criminal offense.
Crimes of this nature can lead to penalties including:
- Up to 18 months in prison, and
- A fine of up to $5,000.
Probation – which might include counseling and community service requirements – may also be imposed.
Burglary usually becomes a third-degree felony when you intend to commit a criminal offense but no other parties are inside the building. Punishments for third-degree felonies in the state of Ohio include:
- Up to 5 years in prison, and
- A fine of up to $10,000.
Once you’re convicted of a felony in Ohio, that will be reflected on your permanent criminal record. Having a felony on your record can subject you to collateral consequences for years to come.
When another party is present and you intend to commit a criminal offense, burglary becomes a second-degree felony. If you’re charged with a second-degree felony, you may face the following punishments:
- Up to 8 years in prison, and
- A fine of up to $15,000.
A conviction will also result in a felony offense on your criminal record.
In the state of Ohio, aggravated burglary is almost always punishable as a first-degree felony. Potential penalties for an aggravated burglary conviction include:
- Up to 10 years in prison, and
- A fine of up to $20,000.
The attorneys at Suhre & Associates, LLC in Dayton, OH have been fiercely protecting our clients against burglary charges for years. If you would like us to help you minimize the punishments you face as a result of your burglary charge, please give us a call as soon as possible.
Potential Defenses in Ohio Burglary Cases
Being charged with a crime like burglary does not necessarily need to lead to a conviction. With the right strategy, it may be possible to have the charges reduced or even dismissed. A brief list of some of the most effective defenses our team has ever seen or used would include:
Many burglary arrests happen after an eye witness provides a description of the individual who is committing the crime. Unfortunately, if their description is vague or inaccurate, the police may wind up arresting the wrong person. If you can show that you were not in or around the building at the time of the crime, all charges should be dropped fairly quickly.
In many cases, proving your location can be as simple as searching through your phone’s GPS data. However, surveillance camera footage and alibi statements can also be helpful.
Permission to Enter
To be found guilty of a burglary offense, you must enter a building or structure without permission. If permission was granted by the owner or occupier, however, there is no crime.
In an ideal world, the consent to access the building would come in a written format, such as a letter, text, or email. However, if these are not available, a statement from the authorizing owner or occupier is also likely to work.
Anyone who is found illegally trespassing in an occupied building while someone else is present is likely to be placed under immediate arrest by law enforcement officials. However, if you can prove that you were forced to commit the crime under the threat of physical harm or death, it may be possible to have the charges dropped.
Coercion can sometimes be a little tricky to prove. However, if you have any texts or emails that contain direct threats, you may be able to submit them as evidence. A statement from an individual who witnessed the coercion in-person may also work.
Your Dayton, Ohio Criminal Defense Team
When the residents of Dayton need experienced legal representation, they know that there is only one law firm they need to call – Suhre & Associates, LLC. Our lawyers have extensive experience handling cases in just about every area of criminal defense, from burglaries to DUIs to drug crimes. When you are in legal trouble and need our help, we are never more than a phone call away.