R.C. 2911.13 makes it a fifth-degree felony to trespass by force, stealth, or deception in an unoccupied structure with intent to commit a theft or any felony, or to trespass on the land of another with intent to commit a felony. Because it targets unoccupied structures, it is graded below burglary — but it is still a felony.
These cases often involve abandoned buildings, businesses after hours, and disputed permission. As with burglary, the State must prove both an unlawful trespass and a specific criminal intent.
How Ohio Classifies & Punishes Breaking & Entering
| Circumstance | Classification | Exposure |
|---|---|---|
| Breaking and entering | Felony 5 | 6–12 months prison; community control common |
| With prior record / aggravators | Felony 5 | Higher likelihood of prison |
How We Defend Breaking & Entering Charges
An arrest is an accusation, not a verdict. Our defense of a breaking & entering charge begins with the questions the State would rather not answer:
- Whether entry was by force, stealth, or deception, or was permitted.
- Whether the State can prove intent to commit a theft or felony inside.
- Whether the identification of you as the person responsible is reliable.
- Whether the State can actually prove the required mental state (knowingly, purposely, recklessly) beyond a reasonable doubt.
- Eligibility for community control or diversion in lieu of prison.
We bring that same disciplined approach — testing every procedure, every protocol, and every piece of the State’s evidence — to breaking & entering 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.
Breaking & Entering — Common Questions
Is breaking and entering a felony?
Yes — it is a fifth-degree felony in Ohio. While that is the lowest felony level, a conviction still creates a felony record. First-time cases are often strong candidates for community control rather than prison.
What's the difference from burglary?
Breaking and entering involves unoccupied structures or land; burglary involves habitations or occupied structures and carries higher felony degrees. The occupancy distinction is central.
Can it be reduced to a misdemeanor?
Sometimes — for instance to criminal trespass (a misdemeanor) — particularly where intent to commit a felony inside is weak or permission is disputed.
Talk to a Theft & Property Crimes Defense Attorney Today
If you or someone you love is facing a breaking & entering 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.