Understanding Burglary Charges in Indiana: Laws, Penalties, and Defenses
Facing a burglary charge in Indiana is a serious matter, with penalties ranging from felony convictions to lengthy prison sentences. If you or a loved one has been accused of burglary, understanding the law, the elements of the crime, and possible defenses can make a crucial difference in your case.
This guide provides an in-depth look at Indiana burglary laws, penalties, and common legal defenses, along with essential steps to take if you are facing these charges.
What is Burglary in Indiana?
Under Indiana Code 35-43-2-1, burglary is defined as breaking and entering into a building or structure with the intent to commit a felony or theft inside.
To convict someone of burglary, the prosecution must prove:
Breaking and entering – This can be as simple as pushing open an unlocked door or sneaking through an open window.
A building or structure belonging to another person – Burglary applies to homes, businesses, garages, sheds, or any structure not owned by the accused.
Intent to commit a felony or theft – The prosecution must show that the person entered with the purpose of committing a crime, such as theft, assault, or vandalism.
What Does NOT Qualify as Burglary?
Entering a property with permission, even if later committing a crime.
Walking into an open business during normal hours and stealing an item (which could be shoplifting or theft, but not burglary).
Burglary Charges and Penalties in Indiana
Burglary is a felony in Indiana, but the severity depends on circumstances like whether the building was a residence, if weapons were involved, or if someone was harmed.
| Level of Burglary | Circumstances | Penalty |
|---|---|---|
| Level 5 Felony | Standard burglary without aggravating factors | 1 to 6 years in prison, up to $10,000 fine |
| Level 4 Felony | Burglary of a dwelling (home) | 2 to 12 years in prison, up to $10,000 fine |
| Level 3 Felony | Burglary resulting in bodily injury | 3 to 16 years in prison, up to $10,000 fine |
| Level 2 Felony | Burglary while armed with a deadly weapon or resulting in serious bodily injury | 10 to 30 years in prison, up to $10,000 fine |
| Level 1 Felony | Burglary of a dwelling resulting in serious bodily injury | 20 to 40 years in prison, up to $10,000 fine |
Additional Consequences of a Burglary Conviction
Permanent felony record – May impact future employment, housing, and education opportunities.
Loss of firearm rights – Felony convictions prohibit gun ownership.
Difficulty in obtaining professional licenses – Many careers require background checks.
Defenses to Burglary Charges
Being charged with burglary does not automatically mean a conviction. A strong legal defense can challenge the prosecution’s case and protect your rights.
1. Lack of Intent to Commit a Crime
The prosecution must prove that the accused intended to commit a crime inside the building. If someone entered a property accidentally, to seek shelter, or with an innocent purpose, they should not be guilty of burglary.
Example: Someone walks into an abandoned building to take shelter from the rain but has no intention of committing a crime inside.
2. Consent to Enter
If the accused had permission to enter the building, it is not burglary. This often arises in cases involving former tenants, estranged family members, or invited guests.
Example: A person enters their friend’s apartment with a key given to them earlier but is later accused of burglary after a dispute.
3. Mistaken Identity or Alibi
Sometimes, false accusations or mistaken identity lead to wrongful burglary charges. Surveillance footage, witness statements, or alibi evidence can prove the accused was not at the crime scene.
Example: A person is accused of burglarizing a store at midnight, but security footage shows them at a restaurant during that time.
4. Insufficient Evidence
If the prosecution lacks concrete evidence, such as fingerprints, video footage, or reliable witness testimony, the case may not hold up in court.
5. Police Misconduct or Illegal Search and Seizure
If evidence was obtained through an illegal search or the police violated your rights, the defense can file a motion to suppress evidence, potentially leading to case dismissal.
Example: The police searched a suspect’s home without a warrant and found stolen items. If the search was unconstitutional, the evidence may be excluded.
What to Do If You Are Charged with Burglary in Indiana
If you have been arrested for burglary, it is critical to take the following steps:
Remain Silent – Do not speak to the police without an attorney present. Anything you say can be used against you in court.
Do Not Consent to Searches – If law enforcement does not have a warrant, you have the right to refuse a search.
Hire an Experienced Criminal Defense Attorney – The sooner you consult a lawyer, the better your chances of fighting the charges.
Gather Evidence – Collect any relevant documents, texts, emails, or witness statements that could support your defense.
Prepare for Court – Follow your attorney’s advice and comply with all legal requirements to avoid additional charges.
Why You Need a Criminal Defense Attorney
Burglary is a serious charge with life-altering consequences, and defending yourself against it requires a skilled attorney. A knowledgeable Indiana criminal defense attorney can:
Analyze the evidence and identify weaknesses in the prosecution’s case.
File motions to suppress unlawfully obtained evidence.
Negotiate plea deals for reduced charges or alternative sentencing.
Defend you in court and present strong legal arguments in your favor.
Facing Burglary Charges? Contact Vining Legal Today
If you or a loved one is facing burglary charges in Indiana, don’t leave your future to chance. Vining Legal has extensive experience defending clients against burglary and other criminal charges. Our team is committed to protecting your rights, building a strong defense, and fighting for the best possible outcome.
📞 Call us today for a consultation at (317) 759-3225
📅 Schedule a consultation online at Vining Legal Contact Page