Felony Burglary

To commit felony burglary, an individual(s) must

1. Enter someone’s property without right or permission (trespass) by force, stealth or deception
2. With the intent of committing a crime (burglary) or
3. Trespass without intent, while someone other than those acting out the crime is present.

Burglary is defined trespassing in an occupied structure with the intent of committing a crime. The actual law though is a bit more specific, and punishments are set according to individual elements of the crime.

2nd Degree Felony Burglary

If you enter an occupied structure or a separately secured or separately occupied portion of an occupied structure (for example, a house, garage, barn or camper – anything that could be considered a permanent or temporary dwelling, or part of a dwelling) while someone is present, or likely to be present, with the intent of committing a crime, you are committing burglary in the second degree and can be punished to up to 8 years in prison with a $15,000 fine and with probation after release.

3rd Degree Felony Burglary

If you enter anything that could be considered a temporary or permanent dwelling with the intent of committing a crime while no person is present or likely to be present, you have committed burglary in the third degree and can be sentenced to prison for up to 5 years, with a $10,000 fine with mandatory probation after release.

4th Degree Felony Burglary

If you enter anything that can be considered a permanent or temporary dwelling while a person is present, regardless of the intent to commit a crime, you can be charged with burglary in the fourth degree and can be sentenced to up to 18 months in prison, with a $5,000 fine and possible probation.

Other Elements

Actual force does not have to be present to be charged with burglary. In State v. Moore, 2006 Ohio 2800, the court declared that pushing open an unlocked door was sufficient to establish force.

Another point that was made during the same case was that a person need not be present for a structure to be considered occupied.

Aggravated Burglary

If a person trespasses through deception, force or stealth, with the intent to commit a crime and that person has a dangerous ordnance or deadly weapon or threatens, attempts or inflicts physical harm to another during the commission of the crime, they are guilty of aggravated burglary which is a 1st degree felony offense that carries a sentence of up to 10 years in prison, mandatory probations, and a maximum fine of $20,000.

The laws and penalties regarding felony classes and offenses vary for each state, however Ohio law presents a fair and clear representation of penal law, and is used in this article to offer a basic understanding of the felony burglary. The information contained in this article should not be construed at legal advice, and those accused of felony burglary should seek legal counsel immediately.