Ohio Breaking and Entering Laws Explained: Penalties, Defenses, and Legal Strategies

Breaking and entering is a felony in Ohio—even if the building was vacant and nothing was stolen. Whether you’re accused of entering a house, garage, or other structure, the law treats the offense seriously. At Patrick M. Farrell Co. L.P.A., our Cleveland criminal defense lawyers fight to protect your rights and build a strong defense from the moment you’re charged. A conviction can mean up to a year in prison, steep fines, and a lasting criminal record. These cases are often aggressively prosecuted—but with the right legal strategy, they’re also highly defensible.

If you’ve been arrested in Cleveland, Akron, Lakewood, Parma, or anywhere in Northeast Ohio, we’re ready to help you take back control of your case—and your future.

What Is Breaking and Entering Under Ohio Law?

Under Ohio Revised Code § 2911.13, breaking and entering is defined as:

• Trespassing, by force, stealth, or deception, in an unoccupied structure, with the purpose to commit any theft offense or felony, OR
• Trespassing on someone’s land or premises with intent to commit any felony there.

The term "structure" is broadly defined—it can mean a home, garage, shed, warehouse, mobile home, or even a construction site.

Legal Tip: You don’t have to “break” a window or door to be charged. Simply entering unlawfully with the intent to steal or commit a felony can result in this charge.

Breaking and Entering vs. Burglary in Ohio

These charges are often confused, but legally they’re different:

• Breaking and Entering: Involves an unoccupied structure, and focuses on intent to commit theft or a felony.
• Burglary: Involves an occupied dwelling and often carries higher felony classifications, especially if people are present or the accused is armed.

We’ve helped clients throughout Akron, Parma, Euclid, and Lakewood navigate both charges—and we know how Northeast Ohio prosecutors approach each.

Penalties for Breaking and Entering in Ohio

In Ohio, breaking and entering is a fifth-degree felony punishable by:

• 6 to 12 months in prison
• Up to $2,500 in fines
• Restitution to the alleged victim
• A felony conviction on your criminal record

If weapons, multiple accomplices, or repeat offenses are involved, prosecutors may also pursue more serious felony charges, including burglary.

Legal Tip: A fifth-degree felony may seem minor—but it’s still a felony. A conviction can impact your future for decades.

What Happens After a Breaking and Entering Arrest in Cleveland?

If you’re arrested for breaking and entering in Cleveland, Parma, or Lakewood, here’s what to expect:

1. Arraignment – Your first court appearance, usually at the Cleveland Municipal Court or a Cuyahoga County court. You’ll enter a plea and receive bond terms.
2. Pretrial Discovery – The prosecution must share its evidence. This might include surveillance footage, witness testimony, or police reports.
3. Plea Bargaining or Motion Hearings – Your attorney may file motions to suppress illegal evidence or negotiate reduced charges.
4. Trial – If your case proceeds to trial, we fight to dismantle the prosecution’s case and defend your rights before a judge or jury.

We regularly represent clients at the Cleveland Municipal Court and the Cuyahoga County Common Pleas Court. We know the local court procedures and how to work strategically within them.

Can You Go to Jail for a First-Time Breaking and Entering Offense?

Yes—but it depends on the case and your legal representation.

Many first-time offenders are eligible for alternative sentencing options, including:

• Pretrial diversion programs
• Community control (probation)
• Restitution agreements
• Expungement eligibility after a successful resolution

At Patrick M. Farrell Co. L.P.A., our Cleveland criminal defense lawyers advocate for alternatives that preserve your freedom and record—especially when the evidence is weak or the case stems from a misunderstanding.

Common Defenses Our Criminal Lawyers Use in Cuyahoga County

Every breaking and entering case is different—but here are some defenses we’ve used successfully for clients in Cleveland, Euclid, and surrounding areas:

• Lack of Intent: You may have entered the property accidentally, or without any plan to commit a felony.
• Consent: If someone gave you permission to enter, it may not be unlawful trespass.
• Mistaken Identity: Faulty eyewitness testimony or misinterpreted surveillance footage can lead to wrongful accusations.
• Illegal Search or Seizure: If police violated your Fourth Amendment rights, key evidence may be thrown out.
• No Felony Intent: If prosecutors can’t prove you intended to commit a felony or theft, they can’t secure a breaking and entering conviction.

The legal team at Patrick M. Farrell Co. L.P.A. builds personalized defense strategies for clients facing serious criminal allegations—including breaking and entering.

Why You Need an Experienced Ohio Criminal Defense Lawyer

Breaking and entering may sound like a minor crime, but under Ohio law, it’s a felony that can follow you for life. Prosecutors are often aggressive, especially in cases involving high-value property, prior records, or companion charges like theft or vandalism.

That’s why you need a defense team that understands:

• How Cuyahoga County prosecutors build their cases
• Which diversion programs or plea deals may apply
• How to challenge the evidence at every stage of the process

Our Cleveland criminal defense attorneys at Patrick M. Farrell Co. L.P.A. defend clients across Northeast Ohio with relentless advocacy, from arraignment to trial.

How We Help Clients Charged with Breaking and Entering

When you hire Patrick M. Farrell Co. L.P.A., here’s what you get:

• Immediate investigation into the facts of your case
• Review of all police procedures and potential rights violations
• Aggressive negotiation with prosecutors to reduce or dismiss charges
• Trial-tested defense strategies designed for Cleveland-area courts
• Support at every step, so you never feel lost or alone

We’ve successfully defended clients facing felony charges throughout Akron, Parma, Euclid, Lakewood, and Cuyahoga County, and we’re ready to fight for you too.

Take Control of Your Future After a Breaking and Entering Arrest

Don’t wait to get legal help if you’ve been charged with breaking and entering in Northeast Ohio. Every day you delay gives prosecutors more time to build their case. The criminal defense attorneys at Patrick M. Farrell Co. L.P.A. are ready to step in, challenge the evidence, and help you pursue the best possible outcome.

Call or text Patrick M. Farrell Co. L.P.A. at (216) 661-5050 now for a free, confidential consultation with an experienced Cleveland criminal defense lawyer . You can also fill out our secure online form—your information stays confidential, and an attorney from our trusted legal team will follow up shortly. 

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