You’ve been charged with burglary, but what does this charge involve? Under state law, burglary occurs when you break and enter into someone’s dwelling or business with the intent to deprive them of their property.
Critically, being charged with burglary in Indiana does not require you to take anything. Nor do you need to damage property to be charged with breaking and entering and theft. Simply entering another party’s property without permission is enough for a burglary charge. You could open a window screen, climb in, look around, and leave. Even without taking anything, a burglary charge is possible.
The severity of a burglary charge depends on the property’s value and additional factors, such as whether you have a criminal record, used a weapon, or caused serious bodily injury. If you’re facing a burglary charge, hiring an experienced criminal defense lawyer at Gemma & Karimi is critical. They can challenge the evidence, negotiate reductions, or fight for a dismissal or not guilty verdict.
Gemma & Karimi offers distinct advantages as your legal advocates, leveraging the unique expertise of attorneys who are former prosecutors. With firsthand insight into judicial rulings and prosecutorial tactics, we are well-equipped to anticipate the state’s approach to a burglary case. This allows our attorneys to craft a comprehensive, multi-faceted defense strategy tailored to counter your burglary charges effectively. Contact one of our highly skilled criminal defense attorneys today for the best defense to your burglary charge. Call (317) 602-5970 for a free legal evaluation.
Understanding Burglary Offenses in Indiana
Burglary offenses in Indiana are defined under the law, and are treated as serious crimes, typically felonies, with penalties escalating based on specific circumstances. To understand them fully, you need to break down the legal definition, the elements the state must prove, the classification levels, and how they differ from related offenses. Based on Indiana’s legal framework, here’s what you need to know to understand Indiana burglary offenses:
Legal Definition
Burglary in Indiana occurs when a person:
- Breaks and enters with any degree of force or unauthorized entry, even opening an unlocked door counts.
- Into a building or structure, including homes, sheds, garages, businesses, or even vehicles if adapted for habitation.
- With intent to commit a felony or theft inside; the intent must exist at the time of entry, not after.
It’s not about what you did but what you planned to do. This is the key fact that distinguishes burglary from trespass or theft. You may have entered someone’s apartment and left without touching anything. However, you may still be charged with burglary if the prosecutor can prove that you entered the property without permission.
Elements the State Must Prove
Being charged with burglary is serious, but the prosecutor must prove your guilt beyond a reasonable doubt. For a conviction, prosecutors must establish all three of these elements of burglary:
- Breaking: Physical act of entry, however slight (e.g., pushing a window up). No damage is required; Indiana courts have ruled that walking through an open door you weren’t allowed to enter qualifies.
- Entering: Crossing the boundary of the structure. Just reaching inside through the window might not suffice unless your body or a tool crosses the line.
- Intent: The trickiest part for the prosecutor is proving intent. The state uses circumstantial evidence, such as carrying a crowbar, wearing a mask, or fleeing with goods, to infer you meant to steal or commit another felony. Without intent, it’s not burglary.
Your criminal defense attorneys will likely contest that you intended to commit a burglary offense. Your criminal defense lawyer will explain the various elements of burglary in Indiana to help you understand the charge in detail.
Your attorney will help you understand how strong the state’s case is against you and the odds of being convicted. If their case and evidence are strong, you may be better off negotiating a plea deal, if offered. If the prosecutor’s case is weak, your legal team may recommend taking the case to trial. Always listen to your attorney’s advice because they handle serious criminal cases in Indiana every day.
Facing criminal charges in Indiana?
Call our Indiana Criminal Defense attorney at (317) 676-4747 or fill out our online contact form today to schedule a free consultation!
The Importance of Hiring a Criminal Defense Attorney
Hiring a burglary lawyer in Indiana for a burglary case can significantly impact the outcome of your situation, whether you’re the accused or a victim seeking justice. Here’s why it’s a smart move, tailored to Indiana’s legal landscape:
Understanding the Charges
Burglary in Indiana is typically a felony; Level 4 if it’s a dwelling, Level 5 for other buildings, or higher if armed or resulting in injury. Each level carries steep penalties: Level 4 felonies can mean 2-12 years in prison and up to $10,000 in fines, while Level 5 is 1-6 years. A lawyer knows the nuances and can challenge whether the elements, such as intent to commit a felony inside, were met.
Reducing Penalties
A skilled attorney might negotiate a plea to a lesser charge, like criminal trespass, which carries a maximum of 1 year in jail instead of years in prison. Indiana prosecutors often push hard on property crimes, so having someone who can counter their case is key. Your attorney may push to have your charge reduced to a misdemeanor, which could keep you out of jail.
Defending Your Rights
Police might overstep during a search or arrest, say, entering your home without a warrant or probable cause. A lawyer can file motions to suppress evidence if your Fourth Amendment rights were violated, potentially dismantling the case. Even if the prosecutor’s case is strong, they cannot convict you if your attorney proves that the state violated your civil rights.
Navigating Evidence
Burglary cases often hinge on circumstantial evidence, such as fingerprints, and possession of stolen goods. A lawyer can question the prosecution’s proof, like whether you had intent or were just in the wrong place, and bring in alibis or witnesses.
Habitual Offender Risks
Indiana’s habitual offender statute could tack on 6-20 extra years if you’ve got prior convictions. To keep your sentence manageable, your Indianapolis criminal defense lawyer can fight this enhancement or argue mitigating factors, such as being a non-violent offender.
Indiana Criminal Justice Factors
Complex Local Courts
Indiana has 92 counties, each with its own prosecutors and judges who handle cases differently. A local burglary lawyer knows the players, whether Marion County’s court leans harsh or lenient, and tailors the strategy accordingly. Your Gemma & Karimi criminal defense attorneys are Indianapolis natives. Thus, you can leverage their extensive knowledge of local judges, courts, and prosecutors to your advantage.
Sentencing Variations
Indiana’s sentencing guidelines give judges discretion. A lawyer can argue for probation over prison, especially for Level 6 felonies, the lowest tier, where community service or restitution might impact the judge or jury.
Expungement Potential
If convicted, Indiana allows some felonies to be expunged after 8-10 years. If needed, a lawyer can work on your expungement case and determine if it qualifies for relief. If your case is eligible, your criminal defense attorneys can complete the expungement documents and submit them to the court on your behalf. The charge or arrest could be taken from your record if expungement is successful.
Legal Advantages
Time and Stress
Legal proceedings are a maze of arraignments, pre-trial hearings, and discovery. An Indianapolis criminal defense lawyer handles the deadlines and paperwork, sparing you from missing a critical step.
Cost vs. Consequence
Hiring an Indianapolis criminal defense lawyer costs money, but a felony conviction’s many effects, lost income, jail time, and a permanent record, so the investment is worth it. Public defenders are an option, but they’re often swamped; a private attorney from Gemma & Karimi will be utterly dedicated to your case.
In short, a burglary lawyer in Indiana isn’t just a luxury; it’s critical to obtaining the best case result. It’s a tactical move that anyone accused of burglary should choose.
The Role of a Burglary Attorney in Your Case
- A criminal defense law firm with experience in burglary cases can provide expert guidance and representation.
- They will analyze the prosecution’s evidence, identify weaknesses, and exploit them to your advantage.
- A skilled defense lawyer can also help you understand the potential consequences of a conviction and work to minimize them.
- A burglary attorney will work tirelessly to defend your rights and interests.
- They will investigate the circumstances of your arrest, gather evidence, and develop a robust defense strategy.
- Your attorney will also negotiate with prosecutors to secure the best possible outcome for your case.
Potential Defenses Against Burglary Charges
In Indiana, defending against burglary charges (Indiana Code 35-43-2-1) requires challenging the prosecution’s ability to prove the elements of the crime beyond a reasonable doubt or leveraging legal protections. Strong defenses that your Indianapolis criminal defense attorney may choose in your case include:
Lack of Intent
The prosecution must prove you intended to commit a felony, such as theft or burglary. You cannot be convicted if you entered the property without this intent. If you entered without that intent, it’s not burglary; maybe just trespassing. For instance, you broke into a shed to get out of a hail storm, not to commit burglary. If there is no intent to steal, burglary didn’t happen.
Courts look at circumstantial evidence that suggests burglary intent, such as masks or gloves. A strong criminal defense lawyer may argue that your actions, such as entering a dwelling without burglary tools, do not show intent.
No Breaking And Entering
Breaking into a residence, car, or building does not require force. Just opening a door that is unlock counts as breaking and entering. But you must unlawfully enter. The charge collapses if you had permission or a legal right to be there. For instance, you’re a tenant entering your leased garage, even if the landlord claims otherwise.
Insufficient Evidence
The state needs proof of burglary, such as fingerprints, video, or stolen goods in your possession. Your aggressive criminal defense attorneys can attack weak or circumstantial evidence. For instance, you’re found near a burgled home, but no one saw you enter, and nothing directly links you.
You Have A Strong Alibi
You must prove that you were elsewhere when the burglary or other criminal offense occurred. An Indianapolis criminal defense lawyer will work to build a strong alibi, such as receipts of payment, eyewitnesses, GPS data, etc.
For instance, you were in a bar in Carmel, with a timestamped tab, while a house in Gary was robbed. The jury will significantly value a concrete timeline, and your defense law firm may subpoena your cell phone records and any available security footage to back up your alibi.
Indiana Angle: Indiana juries value concrete timelines. A lawyer can subpoena phone records or security footage to back you up.
Mistaken Identity
If the evidence relies on eyewitnesses or blurry video, your defense lawyer may argue that they arrested the wrong person. For instance, if a witness say a short man in a black jacket, your attorney may show evidence that you are tall and do not own a black coat.
Illegal Search or Seizure
How It Works: If police violate your Fourth Amendment rights, say, by searching your car without a warrant or probable cause, evidence like stolen goods can be suppressed. Your criminal defense attorney would claim that the evidence cannot be admitted into court because the police violated your rights.
Example: Cops stopped you for a broken taillight, searched your trunk without consent, and found a TV. That’s out if the search was illegal.
Indiana Angle: Indiana courts uphold suppression motions when police overreach (e.g., State v. Lucas, 2016). A lawyer can file a motion to toss key evidence.
Duress or Necessity
How It Works: You broke in because you were forced (duress) or had no choice (necessity)—not to commit a crime.
Example: Someone threatened your family unless you entered a warehouse, or you fled into a home during a tornado.
Indiana Angle: Rare but viable. Duress needs proof of immediate threat (IC 35-41-3-8); necessity might apply in extreme weather cases common in Indiana.
Entrapment
How It Works: If police or an informant tricked you into committing burglary when you wouldn’t have otherwise, it’s entrapment.
Example: An undercover cop begged you to break into a shed for “lost keys,” then arrested you.
Indiana Angle: Indiana recognizes entrapment if the state planted the idea and you weren’t predisposed. Sting operations in drug or theft cases sometimes overstep.
Intoxication
How It Works: Voluntary intoxication rarely excuses crimes, but if you were too drunk or high to form intent, it might downgrade the charge.
Example: You stumbled into a garage thinking it was your own, blackout drunk.
Indiana Angle: Courts are skeptical, but if intent is unprovable, a Level 4 felony can be reduced to a misdemeanor like public intox.
Strategic Considerations In A Burglary Offense
Your defense lawyer will advise you of critical legal strategic factors when you consider your options:
- Plea Bargaining: Even with a robust defense, Indiana prosecutors might offer a deal, say, criminal trespass instead of a Level 5 felony. Your defense lawyer would probably encourage you to take this plea deal.
- Jury Sympathy: In conservative Indiana counties, defenses like necessity or mistaken identity play better than “technicalities” like illegal searches.
- Local Rules: Counties like Marion or Lake have busy dockets, which means overworked prosecutors might drop weak cases if challenged hard.
Retain excellent legal representation at Gemma & Karimi to ensure the most rigorous criminal defense against your burglary charge. Our attorneys offer a free case evaluation, so you risk nothing by having us review your case.
The Consequences of a Burglary Conviction
Being convicted of burglary in Indiana carries serious consequences, as does breaking and entering and similar crimes:
Prison Time
Most burglary convictions in Indiana result in time behind bars:
- Level 6 Felony: 6 months to 2.5 years, often for breaking and entering charges.
- Level 5 Felony: 1 to 6 years, such as for breaking into a structure other than a dwelling.
- Level 4 Felony: 2 to 12 years for residential burglary.
- Level 3 Felony: 3 to 16 years for burglary with a deadly weapon.
- Level 2 Felony: 10 to 30 years, usually for armed burglary causing bodily injury.
- Level 1 Felony: 20 to 40 years, such as for armed burglary with serious injury or death.
Judges can suspend part of the sentence for probation, but prison is common for higher levels.
Fines
Up to $10,000 for any felony level. Courts often impose this alongside restitution, which means paying the crime victim for their financial losses. For instance, if you break into someone’s home and steal their jewelry, you may need to pay restitution for the property damage caused. You may need to pay for broken locks, windows, doors, etc.
Habitual Offender Enhancement
If you have prior felony convictions, Indiana’s habitual offender statute (IC 35-50-2-8) can add 6-20 years to your sentence, depending on your history. For example, two prior unrelated felonies could double your time.
Collateral Consequences
Criminal Record
A felony conviction will stay with you for years. Indiana allows expungement after 8-10 years for a felony, but only if you stay clean and petition the court. Until then, it’s public record, searchable by employers, landlords, and anyone who runs a background check. Expect plenty of hassles over time about your criminal record.
Employment
Most employers run background checks. A burglary conviction flags you as untrustworthy, tanking jobs in retail, finance, or anything handling sensitive info. State licensing boards (e.g., nursing, teaching) often deny felons, too.
Housing
Landlords can reject you outright; private ones almost always do, and public housing bans felons for years under federal rules. Finding a stable living place can become extremely difficult, especially in a tight real estate market.
Firearm Rights
Indiana strips felons of gun rights (IC 35-47-2-7). No owning, carrying, or using firearms, period. Federal law backs this up, making it a crime to possess one post-conviction.
Voting Rights
You lose voting rights while incarcerated. They’re restored after release, but navigating registration can be tricky if you’re on probation or parole.
Family and Relationships
Custody battles get brutal; a felony paints you as an unfit parent. Visitation rights might be curtailed, and the family court judge may require supervised visits with the children. Plus, the stigma strains personal ties. Friends or family may distance themselves.
Education
Federal student aid (like Pell Grants) stays intact unless it’s a drug-related felony, but colleges can deny admission based on your record. Scholarships often dry up, too.
Immigration Consequences
Non-citizens face deportation. Burglary is a “crime of moral turpitude” under U.S. immigration law, triggering removal proceedings even for green card holders.
Social and Financial Fallout
Your reputation and social status may take a beating:
- Reputation: Small towns in Indiana talk. A conviction brands you locally; think “the guy who broke into the neighor’s house.”
- Debt: Fines, restitution, and legal fees pile up. If you’re locked up, lost wages compound it. A Level 4 felony’s 2-12 years could cost you $50,000+ in earnings, assuming a $25,000 annual job.
- Probation Struggles: If spared full prison, probation usually means random checks, drug tests, and travel restrictions. Violate terms, like missing a payment or leaving the state, and you’re back in jail.
Long-Term Impact
There are still more consequences of your burglary conviction in Indiana:
- Career Limits: Even after expungement, gaps in work history raise red flags. Climbing out of low-wage jobs gets tougher.
- Mental Toll: Studies show felony convictions spike stress, depression, and isolation. Indiana’s rural areas offer little support; therapy or reintegration programs are scarce outside Indianapolis or Fort Wayne.
- Re-Offense Risk: With limited options, some convicted parties fall back into crime. Indiana’s recidivism rate hovers around 35% within three years, per state data.
The long list of consequences of burglary convictions is sobering. Whether you are charged with residential burglary, burglary with a deadly weapon, or another burglary offense, always retain a seasoned Indianapolis criminal defense attorney.
Frequently Asked Questions About Burglary Charges
A burglary charge is alarming, and you may have many legal questions. Common questions our defense lawyer receives about property crimes include:
Under Indiana law, burglary is committed when you:
- Break and enter into a building or structure of another person,
- With the intent to commit a felony or theft inside.
Critical elements of a burglary charge usually include:
- Breaking and Entering: This doesn’t necessarily mean smashing a window or door—any unauthorized entry, even through an unlocked door, can qualify as “breaking.” The act of entering must be intentional.
- Structure: This includes homes, businesses, sheds, garages, or any enclosed building. It doesn’t apply to open land or vehicles (those fall under different laws, like theft or criminal trespass).
- Intent: The person must intend to commit a felony (e.g., theft, assault) or theft specifically at the time of entry. If they enter without that intent and later decide to steal, it’s not burglary—it could be trespass or theft.
In Indiana, burglary, theft, and robbery are distinct crimes under the law. Here are the differences in these criminal charges:
Burglary
- Definition: Breaking and entering a building or structure intending to commit a felony or theft inside.
- Key Features: Involves unauthorized entry, requires intent to commit a crime at the time of entry. Doesn’t require taking anything; entry with intent is enough.
- Example: Sneaking into a garage to steal a scooter, even if you don’t take it.
- Penalty: Ranges from a Level 5 felony to a Level 1 felony, depending on whether it’s a dwelling, weapons are involved, or injury occurs.
Theft
- Definition: Knowingly or intentionally exerting unauthorized control over someone else’s property to deprive them of its value or use.
- Key Features: Focuses on taking property; no entry into a structure is required. Can happen anywhere. Doesn’t involve force or threats against a person.
- Example: Shoplifting steak from a store or stealing a phone from a table.
- Penalty: Typically a Class A misdemeanor for low-value theft under $750. But it may escalate to a Level 5 or 6 felony if the value is higher.
Robbery
- Definition: Knowingly or intentionally taking property from another person by using or threatening force, or putting them in fear.
- Key Features: It involves direct confrontation with a person. It requires force, threat, or fear, not just sneakily taking something. No breaking and entering is needed; it’s about taking from someone.
Ask your Indianapolis criminal defense attorney about the differences between burglary, theft, and robbery. Which you are charged with may dramatically impact the outcome of your case.
Yes, the burglary charge might be dismissed if any of the following scenarios apply:
Insufficient Evidence
Prosecutors must prove beyond a reasonable doubt that the defendant broke in and had intent. The case might be dismissed if evidence is lacking (e.g., no fingerprints, no witnesses, unclear intent).
Example: If someone is caught inside a building but there is no proof they intended to steal, the charge might not hold.
Illegal Search or Arrest
If police violated the defendant’s rights, a defense attorney could file a motion to suppress evidence under the Fourth Amendment. If key evidence is thrown out, the case might collapse, leading to dismissal.
Witness Issues
The prosecution might drop the case if witnesses recant, don’t show up, or their testimony is unreliable.
Prosecutorial Discretion
Prosecutors can dismiss charges if they believe it’s not worth pursuing. Perhaps there is weak evidence, victim unwillingness, or court backlog.
Alibi Or Misidentification
Solid proof that you were not at the crime scene could make the judge dismiss the case.
Yes. In Indiana, burglary always involves breaking and entering, as it’s a core element of the crime under the law. However, “breaking and entering” doesn’t mean what you might think; it’s not limited to smashing windows or kicking down doors.
Breaking And Entering in Indiana Law
Burglary requires a person to break into another person’s building or structure with the intent to commit a felony or steal from inside. Breaking doesn’t mean you caused physical damage. It means any act of getting around an entry barrier, such as opening a screen, opening an unlocked window, or walking through an open back door.
Entering means that you or part of your body must cross into the structure. Courts have ruled that even reaching through a window to grab something counts as “entering.”
Why It’s Always Required
Without breaking and entering, the crime isn’t burglary. It might be theft, robbery, or trespassing; Indiana law hinges on violating a protected space with criminal intent. If there’s no entry or breaking, it’s not burglary, which may be another property crime.
In Indiana, burglary is a felony. Its severity is determined by specific circumstances that elevate it to different felony levels. In many crimes, burglary is a Level 5 felony, with one to six years in prison and up to a $10,000 fine.
However, breaking into someone’s dwelling may be a Level 4 felony, which can result in two to 12 years in prison and a $10,000 fine.
Being arrested for burglary means acting carefully as follows:
Stay Silent
You have the right to remain silent under the Fifth Amendment. Politely say, “I’m exercising my right to remain silent and want to speak to an attorney.” Don’t explain, argue, or admit anything; even if you think it’ll help. Police can use anything you say against you.
Don’t Resist
Even if you think the arrest is unfair, stay calm and comply with the police. Resisting can lead to additional charges, such as resisting law enforcement, which can be a misdemeanor or felony, depending on the situation.
Ask For A Criminal Defense Attorney
Once you request an attorney, questioning should stop until one is provided. Contact Gemma & Karimi as soon as you have been arrested. The less you say to the police without our defense attorney, the better!
Note Details
If you can, mentally record what’s happening: what police say, how they arrested you, and any witnesses. Don’t write anything down yet; wait until your criminal defense attorney appears to assist with your residential burglary charge.
Understand The Charges
Burglary in Indiana ranges from a Level 5 felony to a Level 1 felony, depending on factors like whether it was a dwelling, if you had a weapon, or if someone was hurt. Ask your defense attorney to explain the specific level of evidence against you.
Post Bail
After booking, you’ll have a bail hearing, usually within 48 hours. Indiana uses a bail schedule, but burglary’s seriousness might mean a high amount or no bail if you’re a flight risk. A bondsman can help if you can’t pay upfront, usually 10% of the bail amount.
Contact Our Indianapolis Criminal Defense Attorney
Call our criminal defense attorneys immediately and explain the entire situation. Do not leave anything out about the alleged crime. Your defense attorney can only provide the best defense if they fully understand the alleged crime and the charge against you. Ever case detail matters.
A skilled criminal defense attorney can significantly benefit a felony burglary case. Your attorney will assess the case, implement a defense strategy, challenge the prosecution’s case, negotiate a plea deal in many instances, defend you in court, and offer support after your arrest.
Your attorney’s tireless work may result in the case getting thrown out, charge reduction, or an acquittal. A skilled attorney will always obtain a better result in a criminal case than you can on your own.
In Indiana, a conviction for burglary usually remains on your criminal record forever, unless you take essential steps to get the record removed.
A conviction for burglary in Indiana is documented in the court system and the state police database. The conviction will not disappear without you taking action. The sentence is visible on most criminal background checks for jobs, housing, professional licenses, and education.
If the burglary conviction was a misdemeanor, you may be able to petition for expungement after five years. For felony burglary, you must wait eight years after being convicted. For a Level 1 or 2 burglary with weapons and injuries, getting an expungement is much more difficult.
Your attorney’s tireless work may result in the case getting thrown out, charge reduction, or an acquittal. A skilled attorney will always obtain a better result in a criminal case than you can on your own.
In Indiana, the distinction between residential and commercial burglary hinges on the type of structure involved, directly affecting how the crime is classified and penalized under the law:
Residential Burglary
This is breaking and entering a dwelling intending to commit a felony or theft inside. A dwelling is any structure where someone lives, such as a house, apartment, condo, mobile home, even a hotel room if occupied.
Commercial Burglary
This crime is breaking and entering a building or structure that isn’t a dwelling, with intent to commit a felony or theft. A non-dwelling includes businesses, stores, offices, warehouses, sheds, garages (if not attached to a home), or any structure not used for living. The key is it’s not someone’s residence.
Yes, in Indiana, you can absolutely be charged with burglary even if you didn’t steal anything. Under the law, burglary doesn’t require you to take property; it’s about breaking and entering with the intent to commit a felony or theft.
For example, suppose you entered someone’s home by opening an unlocked door in the rear. You didn’t have the homeowner’s permission. You walked through the house, planning to steal jewelry, but had second thoughts, so you left without taking anything.
It turns out that the homeowner has security cameras, so they identify yo,u and the police arrest you. You can still be charged with burglary because you illegally entered the property. Whether you took anything or not does not matter.
Contact Us for a Case Evaluation
Are you facing a burglary charge in Indiana? You could be jailed for a long time and face many other consequences, such as fines, probation, court fees, and difficulty obtaining employment.
The best criminal defense attorney at Gemma & Karimi has vast experience and impressive results in property crimes, including burglary, theft, robbery, breaking and entering, and other criminal charges. Contact our defense lawyer for a free consultation if you face burglary charges in Indiana. Our defense lawyer has been named to the Best Lawyers list in recent years, so you know you will receive a premier legal defense. Contact Gemma & Karimi today about your property criminal charges. Call (317) 602-5970.
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