What is the Law on Burglary in Ohio and What are the Punishments for it?
The definition of the crime of burglary varies from one state to another. But the general definition is that burglary is nothing but entering unlawfully into a structure with the intention of committing a crime. In a number of circumstances, even if the crime is not committed, burglary is considered to have happened.
To quote an example, if a person has an intention to commit a crime and if he or she enters a building or home but leaves the place without actually committing a theft, he or she is still considered to have committed the crime of burglary. Further, burglary need not involve breaking into a home or building and entering it.
Even if a person enters a home or a building using an open window or an unlocked door, he or she is said to have committed burglary.
Ohio laws consist of three statutes that address the crime of burglary. Of course, each of these statutes addresses specific circumstances and conduct of the crime. However, the element that is common in all the three statutes is that if a person enters the property of someone else by force, by stealth, or by deception, it is trespassing.
According to Ohio laws, burglary has been put under felony but the degree of this crime of felony is dependent upon the circumstances surrounding it.
Burglary Laws in Ohio
If a person has the intention of committing a criminal offense and trespasses into a structure that is occupied and in which the occupants are present, it comes under a first-degree felony.
If the person inflicts physical harm on someone else, attempts causing such harm, or threatens to do so, it is also a first-degree felony.
Similarly, if the person is in possession of a deadly weapon, it is also a first-degree felony.
If a person trespasses and enters an occupied structure or an occupied habitation with the intention of committing a criminal offense and if an occupant is present or is likely to be present in the structure or habitation, the person is said to have committed a second-degree felony.
A person is said to have committed a third-degree felony if he or she has the aim of committing a criminal offense and trespasses and enters an occupied structure.
Trespassing into a habitation regardless of whether it is a temporary habitation or a permanent habitation either when someone is present or when someone is likely to be available has been classified under a fourth-degree felony.
Breaking into an occupied structure and entering it with the intention of committing a theft or a similar offense or any act of felony is classified under the fifth-degree felony. Even trespassing on to the land of someone else or into the premises of another person with the aim of committing a felony comes under fifth-degree felony as well.
Punishments for burglary according to Ohio burglary laws
In general, punishments for the crime of burglary are in the form of imprisonment as well as fines. Let us find out the punishments for every type of burglary crime.
- If the burglary crime comes under the classification of a first-degree felony, it attracts imprisonment for a period between 3 years and 11 years and a fine that does not exceed $20,000.
- If a person has committed a burglary crime that comes under the category of a second-degree felony, he or she will face imprisonment for a period that ranges between 2 years and 8 years and a fine that should not exceed $15,000.
- For burglary crimes that have been classified under the third-degree felony, the punishments may be imprisonment for periods such as 9, 12, 18, 24, 30, or 36 months and fines of amounts that must not exceed $10,000.
- If a person commits a burglary crime that comes under a fourth-degree felony, he or she will get punishments of imprisonment for a term between 6 and 18 months and a fine up to $5,000.
- For burglary crimes that have been classified under a fifty-degree felony, punishments are imprisonment for a term ranging between 6 and 12 months and a fine up to an amount of $2,500.