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If you have been charged with a burglary offense, or if you are involved in a burglary investigation, you should promptly seek guidance from an experienced attorney who can help you resolve the matter on favorable terms. Cleveland burglary defense lawyer A. Dale Naticchia has assisted defendants in Cleveland, Akron, and other areas of Cuyahoga County with fighting burglary and other theft cases, which can often be more complex than they initially seem. Although you may be inclined to work with the authorities in an attempt to clear your name, this can end up causing more harm in the long term. There may be substantive defenses and procedural rules that can help in your case, but you may not be aware of them without legal counsel on your side.Laws Against Burglary in Ohio
Ohio has specific definitions of crimes involving the taking of another party’s property. The term “burglary,” however, is often misused to refer to all theft crimes when in fact it is only a certain type of theft crime. In general, burglary consists of having trespassed in an occupied structure or temporary residence with the intent to commit a crime inside the structure or residence.
Ohio law allows an individual to be charged with aggravated burglary if they trespass by use of force, deception, or stealth when another individual is present (other than an accomplice) with the intent to commit a crime and with the infliction or threat of infliction of physical harm on another person. Aggravated burglary can also be charged when the alleged offender is carrying a deadly weapon or has a deadly weapon under his or her control. Also, in order to be charged with burglary, the offender does not need to actually commit a crime inside the building or structure. All that matters is whether the individual had the intent to commit a crime. Whether or not the burglary charge is aggravated, however, it can lead to harsh penalties, so consulting a burglary defense attorney in the Cleveland area is important to protecting your future.
The offense of burglary is punishable as a felony in the second degree if it is committed when another person is present, and the offender intends to commit a crime inside the building. This carries a sentence of two to eight years and fines of up to $15,000. The offense of burglary is punishable in the third degree when no other person is present. This carries a prison sentence of one to five years and fines of up to $10,000. There are additional degrees of burglary that lessen in severity when it comes to penalties.Crafting a Defense to a Burglary Charge
If you are facing a burglary charge, it is imperative that you speak to a Cleveland burglary defense attorney as soon as possible to learn whether there are any substantive defenses or other strategies that you can use to have the charge dismissed or reduced. For example, a commonly raised defense in a burglary case is that the defendant had permission to be on the premises. If you had consent, the prosecution cannot establish the necessary element of trespassing for the crime. Entrapment is another option if you can show that someone else convinced you to commit a crime that you would not have been predisposed to commit on your own. Another possibility is voluntary intoxication. If you were intoxicated to a certain degree, it may have been impossible for you to form the requisite intent of committing a crime inside the structure.
Additionally, when it comes to the evidence that the state can use against you, there are key procedural rules that must be followed. If the police obtained evidence without an appropriate basis or in violation of your Fourth Amendment right against unreasonable searches and seizures, the evidence and any additional evidence or inferences derived from it cannot be used against you.Hire a Burglary Defense Lawyer in Cleveland to Protect Your Rights
A burglary-related charge on your record can have serious consequences for your personal and professional future. A seasoned criminal defense lawyer can make a substantial difference when it comes to ensuring that your voice is heard and your rights protected. A. Dale Naticchia has provided comprehensive legal counsel to people facing burglary, shoplifting, or other theft charges in Cleveland, Akron, Parma, Bedford, Berea, Rocky River, Garfield Heights, Stow, and Barberton, among other cities. To set up your free and confidential consultation, call us at 216-520-5297 or contact us online.