If you’re facing burglary or theft charges in Ohio, you probably have questions. What’s the difference between burglary and theft? How serious are the potential penalties? What should you do next?
Depending on your specific charges, you could face consequences ranging from a misdemeanor to a first-degree felony. Even a low-level conviction can follow you long after the court process is over, affecting your job, your record, and your peace of mind. It’s important to understand your charges—and to work with a tenacious criminal defense firm that can develop a strategic defense on your behalf.
Are you interested in getting the high-quality representation associated with big-city firms, but with the compassion and understanding a local can provide? Then call Tabler Law Criminal Defense to discuss your case with a burglary and theft defense lawyer serving Zanesville and the surrounding communities.
What’s the Difference Between Burglary and Theft in Ohio?
Burglary and theft are two separate offenses, even though they often involve similar circumstances. The key differences are how and where the offense occurred.
Theft
Theft occurs when someone knowingly takes or controls property or services without the owner’s consent. They must intend to permanently deprive the owner of that property or service. The law applies to anything from physical items and money to utilities and labor.
Examples of theft include:
- Shoplifting from a retail store
- Taking money or merchandise from an employer
- Stealing from a home, car, or business without breaking in
- Engaging someone to perform a service and refusing to pay
The specific theft charge mostly depends on the value of the stolen items or services. For example:
- Less than $1,000: First-degree misdemeanor
- $1,000 to $7,500: Fifth-degree felony
- $7,500 to $150,000: Fourth-degree felony
- Over $150,000: Third-, second-, or first-degree felony
Other factors can enhance the charge. Your prior record affects how new theft charges are classified. Even a relatively low-value theft can be elevated to a felony based on past convictions. Specifically:
- If you’ve had one prior felony theft conviction within the past three years, a new offense may be charged as grand theft. This is a fourth-degree felony and applies even if the value would otherwise qualify as a misdemeanor.
- If you have two or more prior felony theft convictions within the past three years, a new offense can be charged as aggravated theft, a third-degree felony—even if the stolen property is worth less than $150,000.
Prior convictions may also limit your eligibility for diversion programs or negotiated pleas.
Aggravated Theft
Aggravated theft is a more serious form of theft. It carries higher penalties because of the property value involved or the defendant’s prior record. Theft is charged as aggravated theft when:
- The value of the property or services stolen is $150,000 or more but less than $750,000 (third-degree felony)
- The value is $750,000 or more but less than $1.5 million (second-degree felony)
- The value is $1.5 million or more (first-degree felony)
Aggravated theft can also apply if you have two or more prior felony theft convictions within the past three years. Similarly, the specific property stolen, like firearms or controlled substances, can lead to enhanced charges.
Burglary
Burglary involves unlawfully entering (or remaining in) an occupied structure with the intent to commit a crime inside. While many burglary charges involve attempted or actual theft, the law applies regardless of whether anything was taken.
Burglary doesn’t require forced entry. Entering through an unlocked door or window can still qualify, as long as the person was trespassing and intended to commit a crime once inside. The structure must be a place where people live, sleep, or work—such as a home or apartment.
Burglary is charged as a fourth-, third-, or second-degree felony. The degree depends on factors like whether the structure was occupied at the time and what kind of crime was intended inside. For example:
- Fourth-degree: Trespassing in a home or habitation when someone is present or likely to be present, without committing any other crime.
- Third-degree: Entering an occupied structure with intent to commit a crime, with no one present.
- Second-degree: Entering an occupied structure when someone else is present, or entering a home when someone is present or likely to be present, intending to commit a crime.
Aggravated Burglary
Aggravated burglary is the most serious burglary offense under Ohio law. It applies when someone trespasses in an occupied structure with the intent to commit a crime, and:
- Inflicts or attempts to inflict physical harm
- Is armed with a deadly weapon or carries one during the crime
Possible Legal Defenses to Burglary and Theft Charges
Burglary and theft charges are serious, but not every charge results in a conviction. Working with a skilled criminal defense attorney allows you to challenge the evidence and build the strongest defense possible.
While every case is different—and every defense depends on the specific facts of your case—there are some common defenses to property crime charges:
- Lack of intent: The prosecution must prove that you knowingly and intentionally took property or broke into a building. If you didn’t mean to steal or commit a crime, you lacked the required intent to convict for burglary or theft.
- Consent: A consent defense argues that you had permission to take the property or be on the premises. This permission could be explicit or implied by past behavior.
- Alibi or misidentification: This defense argues that eyewitness accounts or surveillance footage are mistaken or unclear, or that you were elsewhere when the crime occurred.
- Illegal search or seizure: Police may have found evidence without a proper warrant or legal justification. When this happens, that evidence may be inadmissible in court.
- Insufficient evidence: The prosecution must prove every element of each crime beyond a reasonable doubt. If evidence is weak, incomplete, or unreliable, your case may be dismissed or result in a not guilty verdict.
The sooner you call Tabler Law Criminal Defense, the sooner I can get started on your defense. Early legal intervention improves your chances of dismissal, acquittal, or a favorable plea negotiation.
What to Do If You’ve Been Arrested or Are Under Investigation
If you’ve been arrested or are under investigation for theft or burglary, what you say and do can affect how your case is resolved. Law enforcement may try to question you before you’ve had a chance to talk to a lawyer. However, you have the right to remain silent. You don’t have to (and shouldn’t) answer questions about where you were, who you were with, or what happened.
Avoid trying to explain or clear things up on your own. People often think cooperating will help, but even small statements can be used out of context or used against you. If police ask to search your home, car, or phone, you have the right to say no unless they have a valid warrant. Don’t give consent just to avoid conflict or speed things up. Once you give consent to search, it’s hard to challenge what comes next.
The wisest thing you can do is call Tabler Law Criminal Defense as soon as possible. Whether you’ve already been arrested or suspect charges may be coming, I can step in, protect your rights, and communicate on your behalf.
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