R.C. 2911.12 grades burglary by whether the structure is a permanent or temporary habitation and whether a person is present or likely to be present. Trespassing in an occupied habitation when another person is present (or likely present) with intent to commit a criminal offense is a second-degree felony; lesser variations are third- or fourth-degree felonies. The most serious form, aggravated burglary, has its own statute (R.C. 2911.11).
Burglary requires both an unlawful trespass and an intent to commit a crime inside. Disputes over permission to enter, and over what the State claims you intended, are the heart of most burglary defenses.
How Ohio Classifies & Punishes Burglary
| Circumstance | Classification | Exposure |
|---|---|---|
| Occupied habitation, person present/likely, intent to commit offense | Felony 2 | 2–8 years prison (indefinite) |
| Occupied structure, intent to commit a criminal offense | Felony 3 | 9–36 months prison |
| Trespass in a permanent/temporary habitation (no separate offense) | Felony 4 | 6–18 months prison |
Aggravated burglary (R.C. 2911.11) — adding a weapon or harm — is a first-degree felony covered on a separate analysis.
How We Defend Burglary Charges
An arrest is an accusation, not a verdict. Our defense of a burglary charge begins with the questions the State would rather not answer:
- Whether the entry was actually a trespass or was permitted/consented.
- Whether the State can prove intent to commit a crime inside at the time of entry.
- Whether the structure was “occupied” or a person was present/likely present as charged.
- 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.
We bring that same disciplined approach — testing every procedure, every protocol, and every piece of the State’s evidence — to 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.
Burglary — Common Questions
Do I have to steal something to be guilty of burglary?
No. Burglary is trespassing in a structure with intent to commit any criminal offense inside — theft is the most common, but not required. Conversely, if there was no unlawful trespass or no criminal intent at entry, it is not burglary.
What makes burglary a second-degree felony?
Trespassing in an occupied habitation when another person is present or likely to be present, with intent to commit an offense, is a second-degree felony — sentenced indefinitely under Reagan Tokes. Disputing occupancy or presence can lower the degree.
Is burglary different from breaking and entering?
Yes. Breaking and entering (R.C. 2911.13) generally involves unoccupied structures and is a fifth-degree felony. Burglary involves habitations or occupied structures and carries higher degrees.
Talk to a Theft & Property Crimes Defense Attorney Today
If you or someone you love is facing a 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.