IRONTON (740) 532-8744 · CHESAPEAKE (740) 867-3166
Charged with a crime in Southern Ohio? What you do in the first 48 hours matters — call (740) 532-8744 to speak to an attorney before speaking to anyone.

Theft & Property · R.C. 2911.11

Ohio Aggravated Burglary Defense Attorney

Aggravated burglary is the most serious burglary offense — a first-degree felony that adds a weapon or physical harm to an occupied-structure trespass. The exposure is measured in years of prison.

Ohio Revised Code · R.C. 2911.11

R.C. 2911.11 makes burglary “aggravated” — a first-degree felony — when the offender trespasses in an occupied structure with criminal intent and either inflicts or threatens physical harm or has a deadly weapon or dangerous ordnance. The base term is 3–11 years under the Reagan Tokes indefinite scheme, and a firearm specification can add mandatory, consecutive time.

Because every aggravating element raises the stakes, the defense scrutinizes each one: the trespass, the criminal intent, occupancy, and especially whether a weapon was truly involved.

How Ohio Classifies & Punishes Aggravated Burglary

Classification & penalty range
CircumstanceClassificationExposure
Aggravated burglaryFelony 13–11 years prison (indefinite under Reagan Tokes)
With a firearm specificationAdd-on+1, 3, or 6 years mandatory, consecutive
Penalty ranges on this page describe the general Ohio framework and can change with the facts (priors, enhancements, specifications) and with amendments to the Revised Code. This is general information, not legal advice. For the consequences in your specific case, call (740) 532-8744.

How We Defend Aggravated Burglary Charges

An arrest is an accusation, not a verdict. Our defense of a aggravated burglary charge begins with the questions the State would rather not answer:

  • Whether the entry was an unlawful trespass at all.
  • Whether a deadly weapon or harm element is actually supported.
  • Whether the State can prove criminal intent at the time of entry.
  • Whether the identification of you as the person responsible is reliable.
  • Whether the charge should be reduced to burglary or a lesser offense.

We bring that same disciplined approach — testing every procedure, every protocol, and every piece of the State’s evidence — to aggravated burglary cases across our nine-county Southern Ohio footprint. Where the evidence supports it, we negotiate for reduction or dismissal; where it does not, we are prepared to try the case.

Aggravated Burglary — Common Questions

Why is aggravated burglary a first-degree felony?

Because it combines an occupied-structure trespass with a weapon or with inflicting/threatening harm — the most dangerous form of burglary. It carries 3–11 years under Reagan Tokes, plus any firearm specification.

Can aggravated burglary be reduced?

Yes, where the aggravating element is weak — for example, no weapon was recovered or harm is disputed — the charge may reduce to burglary or trespass, dramatically lowering exposure.

What if I had permission to be there?

Aggravated burglary requires an unlawful trespass. Evidence of permission or a lawful right to enter undercuts the foundational element of the charge.

Talk to a Theft & Property Crimes Defense Attorney Today

If you or someone you love is facing a aggravated burglary charge in Lawrence, Scioto, Jackson, Gallia, Athens, Adams, Meigs, Pike, or Ross County, call (740) 532-8744 for a free, confidential consultation. We have offices in Ironton and Chesapeake and respond the same business day in most cases.

Free, Confidential Consultation. Same-Day Response. Two Offices.

An arrest is not a conviction. The sooner an attorney is reviewing the stop, the search, and the State’s evidence, the more options you have. Call now or request a free case review — there is no cost and no obligation.

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