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Burglary

Burglary is often thought of as a theft crime because the offense usually involves breaking and entering into a home or structure to steal property. A person does not actually need to commit a theft crimes in order to be charged with burglary, however, as state law makes it illegal for an alleged offender to trespass in an occupied structure with the intent to commit any criminal offense.

Burglary is a felony offense in Ohio, and convictions can involve lengthy prison sentences and significant fines. Many people can be accused of burglary for allegedly trespassing on property they believed they had permission to be on, and it is difficult for prosecutors to prove beyond a reasonable doubt the criminal intent that is a required element of this offense.

Lawyer for Burglary Arrests in Cincinnati, OH

If you were arrested for an alleged burglary anywhere in the greater Hamilton County area, it is in your best interest to exercise your right to remain silent until you have legal counsel. Joslyn Law Firm aggressively defends clients accused of theft crimes in Sycamore, Anderson, Bridgetown, Delhi, Green, Harrison, Miamitown, Norwood, Springdale, and many surrounding areas of southwest Ohio.

Cincinnati criminal defense attorney Brian Joslyn can fight to help you achieve the most favorable resolution to your case, including possibly having the criminal charges reduced or dismissed. He can review your case and help you understand your legal options when you call (513) 399-6289 to take advantage of a free initial consultation.


Ohio Burglary Information Center


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Burglary Charges in Hamilton County

Under Ohio Revised Code § 2911.12, it is a third-degree felony if an alleged offender, by force, stealth, or deception, trespasses in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, with purpose to commit in the structure or separately secured or separately occupied portion of the structure any criminal offense. Burglary becomes a second-degree felony if an alleged offender, by force, stealth, or deception, does either of the following:

  • Trespasses in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the alleged offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense; or
  • Trespasses in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice of the alleged offender is present or likely to be present, with purpose to commit in the habitation any criminal offense.

Ohio Revised Code § 2911.11 establishes that an alleged offender commits the first-degree felony offense of aggravated burglary if he or she, by force, stealth, or deception, trespasses in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the alleged offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense, if any of the following apply:

  • The alleged offender inflicts, or attempts or threatens to inflict physical harm on another; or
  • The alleged offender has a deadly weapon or dangerous ordnance on or about the alleged offender's person or under the alleged offender's control.

A deadly weapon is defined under Ohio Revised Code § 2923.11(A) as meaning “any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.” Ohio Revised Code § 2923.11(K) defines a dangerous ordnance as any of the following:

  • Any automatic or sawed-off firearm, zip-gun, or ballistic knife;
  • Any explosive device or incendiary device;
  • Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;
  • Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;
  • Any firearm muffler or suppressor; or
  • Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.

A dangerous ordnance does not include any of the following:

  • Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed and safe for use only with black powder;
  • Any pistol, rifle, or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon, unless the firearm is an automatic or sawed-off firearm;
  • Any cannon or other artillery piece that, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic, or other system for absorbing recoil and returning the tube into battery without displacing the carriage, and is designed and safe for use only with black powder;
  • Black powder, priming quills, and percussion caps possessed and lawfully used to fire a cannon of a type defined in division (L)(3) of this section during displays, celebrations, organized matches or shoots, and target practice, and smokeless and black powder, primers, and percussion caps possessed and lawfully used as a propellant or ignition device in small-arms or small-arms ammunition; or
  • Dangerous ordnance that is inoperable or inert and cannot readily be rendered operable or activated, and that is kept as a trophy, souvenir, curio, or museum piece.

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Burglary Penalties in Cincinnati

As felony offenses, burglary offenses carry serious penalties. Convictions for burglary are punishable as follows, depending on the grade of felony:

  • Third-Degree Felony — Up to 60 months in prison and/or fine of up to $10,000;
  • Second-Degree Felony — Up to eight years in prison and/or fine of up to $15,000; or
  • First-Degree Felony — Up to 11 years in prison and/or fine of up to $20,000.

Felony convictions can also make people ineligible to possess firearms and cause substantial hardships for many employment, housing, or professional licensing applications.


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Ohio Resources for Burglary Offenses

Cincinnati Police Department | City Wide Statistic & Tactical Analytic Review for Solutions (STARS) Report — View the most recent month’s crime data for the city of Cincinnati. In addition to burglaries, you can also see figures for other violent crimes and property crimes. The statistics include figures for the month and year to date as well as three-year averages and percentage changes from the prior year.

Cincinnati Police Department
310 Ezzard Charles Dr.
Cincinnati, OH 45214
(513) 765-1212

Crime in Major Ohio Cities | 2nd Quarter 2016 — View this report from the Office of Criminal Justice Services and Department of Public Safety. It provides information about crimes occurring in major Ohio cities during the second quarter of 2016 (April 1-June 30). Burglaries in Cincinnati declined by nearly 13 percent during the second quarter of 2016.


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Joslyn Law Firm | Cincinnati Burglary Defense Attorney

Were you arrested in southwest Ohio for an alleged burglary? Do not say anything to authorities without legal representation. Contact Joslyn Law Firm right now.

Brian Joslyn is an experienced criminal defense lawyer in Cincinnati who represents individuals throughout Hamilton County, including Symmes, Blue Ash, Colerain, Forest Park, Miami, Montgomery, Reading, Springfield, and many other nearby communities. Call (513) 399-6289 or fill out an online contact form to have our attorney provide a complete evaluation of your case during a free, confidential consultation.


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