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Burglary in Indiana

According to Section 35-43-2-1 of the Indiana Code, burglary occurs when someone “breaks and enters” into someone else’s building, intending to commit either a felony or theft once inside. Breaking and entering involves using stealthy or forceful means to enter a place you do not have permission to enter.

This can be through picking a lock, stealing a key, or breaking a window. However, burglary is more than merely unlawfully entering someone’s property. Burglary requires that you intend to do something illegal inside the property that is either (1) a felony, or (2) theft, which is usually a misdemeanor.

Any felony qualifies, and it is best to consult a dedicated Indianapolis burglary lawyer if you have any questions regarding your particular situation.

If you break and enter into someone’s home without intending to commit a felony or theft therein, you have committed residential entry, which is a separate felony offense punishable by half a year to two-and-a-half years in state prison.

If you knowingly or intentionally enter someone else’s property, either by stepping into their building or vehicle or simply walking onto their land, and you do not have permission to be there (and know you don’t have permission), you have committed criminal trespass, which is usually a Class A misdemeanor punishable by up to one year in county jail and up to $5,000 in fines.

Burglary is a Level 5 felony, punishable by one to six years in state prison. However, burglary can become a Level 4 felony if the building is someone’s dwelling or home, which is punishable by two to twelve years in state prison.

Burglary is a Level 3 felony if another person is injured, which is punishable by three to 16 years in state prison. Burglary is a Level 2 felony if either you are armed with a deadly weapon or you cause serious bodily injury to someone. A Level 2 felony is punishable by 10 to 30 years in state prison.

If the burglary involves someone’s home and results in serious bodily injury to another, it is a Level 1 felony, which is punishable by 20 to 40 years in state prison. All felonies face up to $10,000 in fines.

A skilled Indianapolis burglary attorney can assist you with negotiating for reduced penalties or defending against the charges.

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Were you arrested for burglary? Consult with Eskew Law today to learn about how we can help you fight your charges. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana.

To schedule an initial consultation, call Eskew Law at (317) 793-2325.