Burglary Lawyer in Indianapolis Challenging Your Burglary Charges and Property Allegations
Breaking into someone’s home or vehicle without permission, with the intent to steal, is considered burglary. Trespassing and residential entry are sometimes confused with burglary, though they are their own offenses and carry lesser penalties unless weapons were involved or serious bodily injury occurred.
In Indiana, burglary charges are based on breaking and entering a building or structure of another person and with an intent to commit a felony burglary offense or theft. Property can include a dorm room, traditional residence, RV, a commercial business, or any other tangible property occupied by a person or people.
Interestingly enough, the terms breaking and entering aren’t limited to physically breaking into a property or vehicle through a locked door or window. In fact, entering another person’s residential or commercial property through an unlocked window or door is considered burglary, as much as breaking in by force, such as picking or breaking a lock.
Burglary charges are felony offenses, with the exception of non-violent burglary acts that could lead to misdemeanor charges. Burglary is a criminal offense, and if convicted, you could face anywhere from one to 40 years in prison and fines up to $10,000.
Contact our burglary lawyers to discuss your case and see how we can help through a free consultation:(317) 623-4546.
What are the Charges for Burglary in Indiana?
You can be on the outside of a home and extend your arm through a window to grab a precious, valuable item or aim a gun through a door, and this is all considered burglary. In other words, you literally don’t have to step foot in a person’s residence or vehicle to be convicted of criminal charges if the intent is there.
Penalties for a burglary charge vary depending on the circumstances and intent to commit theft. A higher sentence is likely if a suspect is armed with a deadly weapon or commits residential burglary and the burglary results in serious bodily injury or harm to another person.
Indiana Code Section 35-43-2-1 pertains to burglary offenses, and Indiana Code Section 35-43-2-1 pertains to a residential burglary. Penalties, as summarized by findlaw.com, include:
- Commercial burglary is a level 5 felony offense punishable by one to six years in prison and a fine of up to $10,000
- Residential burglary is a level 4 felony offense punishable by two to 12 years in prison and a fine of up to $10,000
- Burglary with physical violence that causes injury and harm is a level 3 felony punishable by three to 16 years in prison and a fine up to $10,000
- Armed robbery that causes serious physical injury to the victims is considered a level 2 felony punishable by 10 to 30 years in prison and a fine up to $10,000
- Residential burglary, and breaking into someone’s home and causing harm and injury, is considered a level 1 felony and punishable by 20 to 40 years in prison, and a fine up to $10,000
If you have committed a criminal offense, it’s important to attain a legal team that understands the criminal justice system. Book a free consultation with an Indianapolis criminal defense lawyer to discuss the details of your case: (317) 623-4546.
How Does the State Prove Burglary Occurred?
Proving criminal intent is the basis of a burglary charge or criminal offense. There are three things a prosecutor must prove to show willful intent to commit a crime, including that the suspect intends to create a bad result, the suspect intends to do something more than the criminal act at hand (such as burglary), and the suspect acts with knowledge that his or her conduct is illegal, or in other words, they are in a clear mental state and chose to make a poor decision.
In criminal law and burglary cases, the prosecutor must prove the suspect entered a person’s home or business without consent and intent to commit a crime inside the residence or commercial property. This includes stealing expensive jewelry, electronics, or equipment, and if an armed robbery is part of the conviction, the prosecutor can press charges for threatening harm or causing serious bodily injury in the event a deadly weapon is involved.
After an incident, as another angle of the process, a police officer gathers various pieces of information and enters it into evidence to help charge the suspect in court later on. Law enforcement interviews the homeowner and starts collecting the facts, from the condition of the property, how and where the break and entry happened if any items were stolen, and the value, condition of the property after the attack, and other offenses committed and more.
If you were involved in a burglary or were wrongly accused, you must speak with an experienced criminal defense lawyer before your charges turn into a conviction. Book a free case evaluation with the Law Office of Corey L. Scott LLC and call: (317) 623-4546.
How Will a Burglary Conviction Affect me?
Life will be tougher after a felony charge, and that’s why having a burglary attorney on your side can help you avoid the maximum sentence, improve your overall charge, or get your case dropped altogether if the circumstances are right.
A burglary conviction will impact you in the short- and long-term. If convicted of a burglary offense, you will face felony charges, incarceration, and substantial fines for your crimes. After you get out of prison for serving time, you will have a criminal record, and your crimes will be public knowledge among friends, family, and the community.
With criminal charges, there’s often a negative stigma and reputation to manage socially and also professionally. You could have challenges in finding and keeping employment, being seen as a trustworthy person or employee, sustaining intimate relationships, and securing a residence.
Hiring a criminal defense attorney might afford you a plea bargain or avoid conviction altogether if there’s not enough evidence from the prosecutor to charge you with, and our burglary attorneys can challenge the opposing side’s case.
Stop a burglary conviction and consult with an Indianapolis criminal defense attorney with the Law Office of Corey L. Scott LLC today: (317) 623-4546.
Should I Hire a Burglary Attorney?
The consequences of breaking into a home and stealing something of minimal value, as opposed to breaking into a residential property and physically hurting someone, have different legal repercussions.
A judge looks at the degrees of your crime, any additional criminal actions committed, such as physical or sexual violence, and the use of weapons and force to hurt another person to determine your final sentence.
Without a burglary attorney, the prosecutor has free reign, knowing that most people don’t understand criminal law and how it applies to their case, to charge the maximum sentence.
With us supporting you, we can attempt to prevent conviction, influence the judge to consider other sentence alternatives, such as rehabilitation or counseling with minor offenses, and negotiate a plea deal with the prosecutor if there’s enough evidence to convict you.
Protect your rights and freedom by contacting our experienced burglary attorneys with the Law Office of Corey L. Scott LLC. You can schedule a free case evaluation to share details of your situation and see how we can provide the legal solutions you need. Don’t hesitate and call us today: (317) 623-4546.