Aggravated Burglary: Meaning, Elements, and Sentencing Structure

Aggravated Burglary

A criminal act against you or a loved one can be extremely distressing and disturbing, and the consequences can sometimes linger for a very long period. Knowing what to do, especially when someone is hurt, can be challenging, but it’s not necessary to handle things alone.

Let us examine the nature of aggravated burglary, its associated penalties, the process of handling an aggravated burglary accusation, and the three actions you should take immediately upon receiving such a charge.

BURGLARY: WHAT IS IT?

Another name for burglary is “breaking.” Burglary is the illegal entry into any area of a non-abandoned building or structure to commit a crime.
This might be theft or another kind of criminal activity, like an assault. It’s a felony of the third degree. Burglary is considered a second-degree crime if there is another person inside the building or if it is someone’s permanent or temporary residence.

Without intending to commit a crime, simply trespassing unlawfully into someone’s permanent or temporary residence is a fourth-degree felony. Any kind of non-abandoned construction, such as a building, a boat, an airplane, or a car, is susceptible to burglary.

Aggravated burglary: What is it?

A burglary is when someone breaks into a structure or a portion of one without authorization to steal something or cause property damage.
A burglary is classified as an aggravated burglary in certain situations, such as when the perpetrator enters the building knowing that someone is there or carries a weapon during the break-in. Aggravated burglary may occasionally be a component of a larger pattern of illegal activity, including:

  • Family abuse and
  • Teasing.

What Penalties Are Available for Aggravated Burglary?

The penalties for aggravated burglary are typically added to the penalties for burglary. In Ohio, breaking into a house while someone else is present is a second-degree crime with a maximum sentence of eight years in prison and/or a fine of fifteen thousand dollars.

Theft of a building without the presence of any person constitutes a third-degree felony. This entails a maximum fine of $10,000 along with a jail sentence ranging from one year to five years. Simply entering someone else’s house while they are there reduces the potential punishment and jail term even further.

The worst penalties, however, are for aggravated burglary. It occurs when there is a suggestion of violence or other violent behavior. The punishment can range from three to ten years in prison, with additional fines of up to $20,000. It’s a severe penalty and a compelling argument for working with an excellent Delaware criminal defense attorney.

A defendant may face several charges in addition to aggravated burglary since the aggravating circumstances frequently warrant more charges. When this occurs, the charges of aggravated burglary are merely one of the penalties meted out; the actual repercussions of the crime may be far worse.

How Do Charges for Aggravated Burglary Operate?

It’s a good idea to start with a burglary charge to comprehend an aggravated burglary charge. A typical tactic for handling an aggravated burglary is to claim that there was no intention to carry out a violent crime. The key factor that distinguishes aggravated burglary from ordinary burglary is intention. The greatest defense against an aggravated burglary allegation may be to demonstrate that the defendant entered with the intent to commit a misdemeanor theft.

It could be challenging to get the burglary accusation dropped, particularly if there is strong evidence against the accused. Reducing the offense to a lesser one will still result in a penalty, but it might be as little as a few hundred dollars in penalties, a shorter jail term, or even no jail time at all.

Remember that proving the offender intended simply to commit a minor theft would not absolve them of responsibility for other offenses committed in connection with the burglary. Proving an aggravated burglary is harder if an assault, sexual assault, or killing occurs during the burglary, even if the defendant initially intended for a misdemeanor theft.

If I Face Charges of Aggravated Burglary, What Should I Do?

It is important to take charges of aggravated burglary seriously. Being found guilty has far too many terrible repercussions to be dismissed. If you’re facing burglary or aggravated burglary charges, it’s crucial to understand your state’s laws.

Verify that you are aware of every factor involved in your case. It’s crucial to obtain a copy of your crime report to accomplish this. This will provide you with essential legal facts that you can utilize to begin formulating a defense plan.

FAQs:

Which Ohio state classifies aggravated robbery as a felony?

Aggravated robbery, a first-degree felony, can result in a three- to ten-year jail sentence and a fine of up to $20,000.

What distinguishes burglary from aggravated burglary?

Trespassing into a building to steal or harm someone is considered a burglary. A burglary is considered more serious when the perpetrator is aware, careless, or carries a real or simulated weapon.

What is the most effective burglary defense?

Absence of Intent: Intent is one of the main components of burglary. If evidence demonstrates that you entered the property without intending to steal or commit a crime, it may serve as a defense. Consent: This can be a powerful defense if you receive authorization or consent to enter the disputed property.

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