Breaking & Entering Defense Lawyer in Cleveland, Ohio

Breaking and entering is a serious charge in Ohio that involves unlawfully entering a structure with the intent to commit a crime. This offense is often charged as a felony, leading to significant legal penalties, including incarceration and a lasting criminal record. At Patrick M. Farrell Co. L.P.A., we understand that not every case of unauthorized entry is a criminal act. Whether the incident was a misunderstanding or the prosecution lacks sufficient evidence, we work to challenge the charges, negotiate reduced penalties, or secure case dismissals whenever possible.

Understanding Breaking & Entering Charges in Ohio

Breaking and entering is a serious property crime in Ohio, often charged as a felony with the potential for prison time, fines, and a permanent criminal record. Under Ohio Revised Code § 2911.13, breaking and entering involves unlawfully entering or trespassing into a building or property with the intent to commit a theft or felony offense. Unlike burglary, breaking and entering typically applies to unoccupied buildings or structures, but it can still result in severe penalties.

What Constitutes Breaking & Entering in Ohio?

A person can be charged with breaking and entering if they:

Enter an unoccupied structure without permission.

Use force, deception, or stealth to gain entry.

Intend to commit theft or another felony inside the building.

Breaking and entering is commonly associated with:

Vacant buildings, businesses, or warehouses.

Construction sites or storage units.

Trespassing onto commercial property for illegal activities.

Penalties for Breaking & Entering in Ohio

In Ohio, breaking and entering is classified as a felony of the fifth degree (F5), which carries the following penalties:

6 to 12 months in prison

Fines of up to $2,500

Probation or community service in certain cases

If the offense involves additional crimes, such as theft, property damage, or possession of burglary tools, defendants may face enhanced penalties and additional felony charges.

Collateral Consequences of a Breaking & Entering Conviction

Beyond jail time and fines, a breaking and entering conviction can result in:

A permanent felony record, making it difficult to secure employment or housing.

Loss of firearm ownership rights under state and federal law.

Immigration consequences, including deportation for non-citizens.

Civil lawsuits from property owners, requiring financial restitution for damages.

Enhanced penalties for repeat offenses, including longer prison sentences.