Super Lawyers
Expertise 2020
Expertise 2021
Avvo Rating 10
Avvo Clients' Choice
National College for DUI Defense
Lead Counsel
Top 40
PACDL
NAOCDL

Understanding Breaking and Entering Laws in Ohio

Did you know that entering a property with the intent to steal or commit a felony is classified as breaking and entering? In Ohio, this act is illegal regardless of whether the property is occupied or empty. It is important to distinguish this offense from burglary, which involves an occupied structure, and simple trespassing, which lacks the intent to commit a crime.

The consequences for breaking and entering are severe. A conviction can result in a felony record, potential prison time, and long-term impacts on your future opportunities. If you are facing these serious allegations, it is essential to seek legal advice immediately.

If you are accused of breaking and entering, securing experienced legal counsel quickly is in your best interest. A felony charge carries harsh penalties, including significant fines and incarceration. However, you can work to avoid these outcomes with the help of a Youngstown criminal lawyer. Located in the heart of Ohio, our team provides the defense you need.

Ohio’s Definition of Breaking and Entering

Breaking and entering is a distinct offense, often confused with burglary or criminal trespass. Unlike burglary, it typically involves an unoccupied structure. Unlike trespassing, it requires the specific intent to commit a felony or theft offense.

Under Ohio Revised Code section 2911.13, breaking and entering is defined as trespassing with the intent to commit a theft or felony. This includes actions like stealing valuable items or hacking. Committing this act is classified as a fifth-degree felony, which is punishable by:

  • Up to one year in prison; and
  • Fines of up to $2,500.

The In-and-Out of Criminal Trespass in Ohio

Criminal trespass charges often accompany breaking and entering allegations. In Ohio, criminal trespass occurs when an individual:

  • Knowingly enters or remains on another person’s land or premises;
  • Violates any lawful restrictions by entering or remaining on the property;
  • Recklessly enters or stays on a property without proper authorization; or
  • Ignore signage or verbal instructions from the owner to leave the premises.

Defenses such as claiming public ownership of the land or gaining entry through deception generally do not hold up in court. Criminal trespass is a fourth-degree misdemeanor, which may result in:

  • Up to 30 days in jail; and
  • Fines reaching $250.

With the stakes this high, consulting a Youngstown DUI attorney who understands the nuances of local property laws can make a significant difference in your case outcome.

Statute of Limitations Facts for Ohio Breaking and Entering Cases

The statute of limitations is the legal timeline within which a prosecutor must file charges. This rule ensures that cases are brought forward while evidence is still fresh and justice can be served promptly. In Ohio, the specific time limit depends on the severity of the alleged offense.

For misdemeanors like criminal trespass, the statute of limitations is two years. However, for felony charges such as breaking and entering, the period extends to six years. If additional serious felonies like arson or burglary are involved, the statute of limitations can increase to 20 years.

Further Reading and Action

  • Prison Policy Initiative: Explore this non-partisan organization’s mission to reduce mass incarceration. Visit their site for research on criminalization issues and ways to get involved.

Need a Defense Lawyer for Breaking and Entering in Youngstown?

Facing Accusations? Get the Support You Deserve

Legal Support When It Matters Most: A breaking and entering allegation can lead to severe consequences, as it is a felony charge. Securing a strong defense is not just advisable; it is critical for your future.

Youngstown Criminal Law Group: Your Advocates Against Felony Charges: With extensive experience in criminal defense, our Youngstown criminal lawyer team leverages vast knowledge and resources to defend your liberties. We are committed to ensuring your rights are protected with the full weight of our experience behind you.

Immediate and Complimentary Consultation: Delays can be costly in legal matters. Youngstown Criminal Law Group offers a prompt, no-cost initial consultation to address your legal needs quickly. Act now to benefit from defense strategies tailored to your specific situation in Mahoning County.

If you or a loved one is grappling with a breaking and entering charge, time is of the essence. Don’t allow the situation to escalate without the aid of competent legal representation. As a trusted Youngstown criminal lawyer with extensive experience in criminal defense, our group is prepared to offer immediate support. Our goal is to protect your rights, mitigate the penalties you face, and work toward a favorable outcome in your case.

Connect with us today at 412.387.6901 and take the first step towards safeguarding your future with your complimentary first consultation. With a skilled Youngstown DUI attorney and criminal defense team by your side, you are not alone in this battle.

Client Reviews

Sean is the best criminal defense lawyer ever! He answered all questions and returned all calls and texts. He was informed. He was attentive and got us an outcome that we never expected! Want someone who will fight for you and protect your rights? If yes, then Sean Logue is the attorney you want on...

Former Client

Sean is the best criminal defense lawyer ever! He answered all questions and returned all calls and texts. He was informed. He was attentive and got us an outcome that we never expected! Want someone who will fight for you and protect your rights? If yes, then Sean Logue is the attorney you want on...

Former Client

Attorney Logue represented me well and took care of my legal issues superbly. He is a no-nonsense, very knowledgeable and well respected lawyer. I was pleased with his services. Would definitely recommend Attorney Logue to others.

Former Client

After fighting a ticket from hell that cost me my job, thousands in debt from having no job and threatening my present career, Sean Logue stepped in and the case was dismissed. It's a huge relief to have his professionalism and know-how in your corner!

Former Client

Fill Out Our Contact Form