The Indiana legislature recently changed its burglary law to broaden the scope of the rule. The law, which became effective on July 1, 2014, states that “a person who breaks and enters the building or structure of another person, with intent to commit a felony or theft in it, commits burglary.” With the addition of the phrase “or theft,” one can now be charged with burglary if they intend to commit a felony or theft within the building or structure.

This change to the Indiana burglary law can affect your rights. Chris Arrington is an experienced Criminal Defense attorney who handles cases in nearly every aspect of criminal law. He understands the changes to the burglary law, and will defend your burglary charge.

The Intent Element of Burglary

As a result of the new law, more possible acts classify as burglary. Under the new law, one only needs to intend to commit a theft within the building to be charged with burglary, and the theft need not rise to the level of a felony. One can now be charged with burglary even if they intend to commit only a misdemeanor theft.

Possible Sentences for Burglary Conviction

• Burglary in a building other than a home: Level 5 felony, possible sentence of 1 to 6 years;
• Burglary in a home: Level 4 felony, possible sentence of 2 to 12 years;
• Burglary resulting in bodily injury: Level 3 felony, possible sentence of 3 to 16 years;
• Burglary resulting in serious bodily injury: Level 2 felony, possible sentence of 3 to 16 years;
• Burglary in a home resulting in serious bodily injury: Level 1 felony, possible sentence of 20 to 40 years.

Sentences for a burglary conviction depend on the individual circumstances. When the it occurs in a home, the sentence is more severe. According to Indiana law, a burglary committed within a home is classified as a Level 4 felony, and carries a possible sentence of 2 to 12 years in prison. If, however, the burglary occurs in a building that is not a home, it is classified as a Level 5 felony, and carries a possible sentence of 1 to 6 years.

Burglaries that result in bodily injury are also treated more seriously. Such burglaries are classified as Level 3 felonies, and carry a possible sentence of 3 to 16 years in prison. If the burglary results in serious bodily injury, then the offense is classified as a level 2 felony, and carries a possible sentence of 10 to 30 years. The most severe penalty possible under the Indiana burglary law is for burglaries resulting in serious bodily injury that occur in a home. Such burglaries are classified as a Level 1 felony, and carry a possible sentence of 20 to 40 years in prison.

Contact an Indiana Defense Attorney Today

If you or someone you know has been charged with a crime in the Avon, Brownsville, Plainfield, or Danville areas, contact Chris Arrington today. He is an experienced Indiana criminal defense attorney, and can help you understand your legal rights.