Experienced Lawyer Who Protects Clients Facing Indiana Burglary Charges

Fort Wayne attorney helps people accused of breaking and entering

Burglary is a serious crime in Indiana, carrying severe legal consequences that can affect every aspect of your life. A conviction can result in prison time, heavy fines and a permanent criminal record. If you have been accused of burglary or any related crime, having the right legal representation can make a significant difference. At the Law Offices of Ryan E. Lackey in Fort Wayne, we are committed to defending clients throughout Allen County and the surrounding areas. 

What is burglary and how does it differ from theft?

In Indiana, burglary is defined as breaking and entering into a building or other structure with the intent to commit a felony or theft inside. It’s important to note that theft or another felony does not need to actually occur for someone to be charged with burglary. Simply entering with the requisite intent is enough. Theft, on the other hand, requires proof that property was unlawfully taken. This distinction means people can face burglary charges even if nothing is ultimately stolen.

Is burglary a felony in Indiana?

All burglary offenses in Indiana are classified as felonies, which means they carry a potential penalty of more than one year of incarceration. Indiana divides burglary into these felony levels:

• Level 5 felony burglary — Usually involving non-dwelling structures
• Level 4 felony burglary — If the property is a dwelling
• Level 3 felony burglary — If someone suffers bodily injury
• Level 2 felony burglary — If serious bodily injury occurs or if a deadly weapon is involved
• Level 1 felony burglary — If catastrophic harm results

Less severe crimes, such as criminal trespass (a misdemeanor) or residential entry (a Level 6 felony), may be charged if certain elements of burglary are not met. If the prosecution believes the person intended to steal but cannot prove unlawful entry, they may charge the defendant with attempted theft. The level of that crime depends on the value of the property and on the person’s prior history.

What are the repercussions of a burglary conviction?

An Indiana burglary conviction can result in lengthy incarceration, substantial fines, probation and other penalties. The potential sentences range from 2.5 years for Level 6, to 20 to 40 years in prison for Level 1. In addition to those penalties, a conviction creates a long-lasting criminal record that may negatively affect employment, housing, educational opportunities and personal relationships.

What defenses may be available against burglary charges?

While every case is unique, common defenses against burglary charges include challenging whether there was an intent to commit a crime inside the structure, demonstrating permission to enter, mistaken identity, lack of evidence or that the accused was present but did not participate. An experienced criminal defense attorney can thoroughly investigate every detail to identify weaknesses in the prosecution’s case.

Will a burglary conviction remain on your record for life?

In Indiana, certain criminal convictions, including burglary, may be eligible for expungement under specific circumstances and after a waiting period. Expungement can seal the conviction from public view, allowing you to move forward with your life without the burden of a criminal record that potential employers can see. The process can be complex. An experienced attorney can determine whether your conviction may qualify.

Contact a proven Indiana criminal defense lawyer about your burglary charge

The Law Offices of Ryan E. Lackey in Fort Wayne is dedicated to defending those facing burglary counts and other criminal charges. We represent clients across Allen County and throughout the surrounding areas. Schedule your free initial consultation by calling 260-222-7364 or contacting us online today.