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Indiana’s burglary laws are detailed under Indiana Code 35-43-2-1, which defines burglary as the act of breaking and entering into another person’s building or structure with the intent to commit a felony or theft therein. The law specifies four key elements that the state must prove beyond a reasonable doubt for a conviction:

1. Breaking and Entering: The unlawful entry into a structure.
2. Building or Structure: The target must be a building or structure belonging to another.
3. Of Another Person: The property must not be owned by the perpetrator.
4. With Intent to Commit a Felony or Theft: The entry must be accompanied by the intent to commit a crime, typically theft or another felony.

The severity of the penalty for burglary in Indiana depends on the circumstances of the crime, particularly the type of structure involved and the intent behind the entry. Here’s a breakdown of the potential penalties:

• Level 6 Felony: Burglary of a non-dwelling structure is typically a Level 6 felony, punishable by six months to two and a half years in prison and a fine of up to $10,000.
• Level 5 Felony: Burglary of a dwelling (a residence) is a Level 5 felony, carrying a sentence of one to six years in prison and a fine of up to $10,000.
• Level 4 Felony: If the burglary involves entering a structure used for the storage of explosives or an aircraft, it is elevated to a Level 4 felony, with a punishment of two to twelve years in prison and a fine of up to $10,000.
• Level 1 Felony: Burglary of a dwelling that results in serious bodily injury to another is the most severe, classified as a Level 1 felony with a sentence ranging from 20 to 40 years in prison and a fine of up to $10,000.

Facing burglary charges requires a robust defense strategy. At the Law Office of Roy Dominguez, we employ various tactics to challenge the prosecution’s case, including:

• Challenging the Evidence: Questioning the validity of the evidence presented, such as the legality of the search and seizure or the reliability of eyewitness accounts.
• Lack of Intent: Arguing that there was no intent to commit a felony or theft at the time of entry.
• False Accusations: Investigating the possibility of mistaken identity or false accusations, especially in cases where the alleged entry was not forceful.

• Expert Legal Representation: Our team of seasoned attorneys specializes in Indiana criminal law, with a deep understanding of burglary statutes and case law.
• Personalized Defense: We tailor our defense strategies to the specifics of your case, ensuring a personalized approach that maximizes your chances of a favorable outcome.
• Proactive Communication: We keep you informed throughout the legal process, providing clear and consistent updates on your case.

If you or a loved one is facing burglary charges in Indiana, it’s imperative to seek legal counsel immediately. The Law Office of Roy Dominguez is here to provide the expert representation and support you need. Contact us today for a confidential consultation, and let our experienced team start building your defense.