Burglary Charges in Indiana: What a Criminal Defense Attorney Wants You to Know

Understanding Burglary Charges in Indiana: A Comprehensive Guide

Burglary charges in Indiana can carry significant penalties, impacting your freedom, reputation, and future opportunities. If you or someone you know is facing such charges, understanding the law, potential defenses, and available legal strategies is crucial. This guide, crafted from a criminal defense attorney's perspective, provides essential information to navigate this challenging situation.

⚖️ What Exactly Constitutes Burglary in Indiana?

Indiana law defines burglary under Indiana Code IC 35-43-2-1. It's more than just breaking into a building. Here's the breakdown:

• Breaking and Entering: This generally involves using force to enter a building or structure. It doesn't necessarily require physical damage, but it must be against the owner's or lawful possessor's will.
• Dwelling or Other Structure: The target of the burglary can be a dwelling (a place where someone lives), a building (like a store or office), or even an uninhabited structure like a shed or garage. The specific location can influence the severity of the charges.
• Intent to Commit a Felony: This is the most crucial element. The prosecution must prove beyond a reasonable doubt that you entered the dwelling or structure with the intent to commit a felony inside. This doesn't necessarily mean a felony was actually committed; the intent alone is enough. Common examples include intent to commit theft, robbery, battery, or drug offenses.

🚨Important Note: The "intent" element is often the key point of contention in burglary cases. The prosecution will rely on circumstantial evidence to demonstrate your intentions, such as what you said, what you did before entering the building, and what you possessed at the time of the alleged burglary.

🪜 Degrees of Burglary and Penalties in Indiana

Burglary charges in Indiana are classified based on several factors, primarily whether the building was a dwelling and whether anyone was injured during the incident. The degree of the charge directly affects the potential penalties:

• Level 1 Felony: This is the most severe burglary charge. It applies if the burglary results in serious bodily injury to another person.
  Penalty: 20 to 40 years in prison and a fine of up to $10,000.
• Level 2 Felony: This charge applies if the burglary involves a dwelling and results in bodily injury to another person.
  Penalty: 10 to 30 years in prison and a fine of up to $10,000.
• Level 3 Felony: This charge applies if the burglary involves a dwelling.
  Penalty: 3 to 16 years in prison and a fine of up to $10,000.
• Level 4 Felony: This is burglary of a building or structure other than a dwelling if it results in bodily injury to anyone other than a defendant.
  Penalty: 2 to 12 years in prison and a fine of up to $10,000.
• Level 5 Felony: This is burglary of a building or structure other than a dwelling.
  Penalty: 1 to 6 years in prison and a fine of up to $10,000.

It is crucial to consider that Indiana utilizes determinate sentencing, meaning the judge specifies a fixed term of imprisonment within the statutory range for each felony level. A judge can also suspend a portion of the sentence to probation.

🛡️ Common Defenses Against Burglary Charges

A skilled criminal defense attorney will meticulously investigate your case to identify potential defenses. Some common defenses against burglary charges in Indiana include:

• Lack of Intent: This is a primary defense. The attorney will argue that you did not have the intent to commit a felony inside the building. Perhaps you entered for an innocent reason or mistakenly believed you had permission to be there. Evidence to support this could include witness testimony, lack of stolen goods, or a plausible explanation for your presence.
• Mistaken Identity: If the prosecution's case relies on eyewitness testimony, your attorney can challenge the reliability of the identification. Factors like poor lighting, distance, and the witness's stress level can affect the accuracy of their memory.
• Lack of Probable Cause: If the police lacked probable cause to stop, search, or arrest you, any evidence obtained as a result of that illegal action might be suppressed, weakening the prosecution's case.
• Alibi: If you can prove you were somewhere else when the burglary occurred, you have a strong alibi defense. This requires verifiable evidence like receipts, surveillance footage, or credible witness testimony.
• Consent: If you had the owner's permission to enter the building, even if that permission was later revoked or misunderstood, it can negate the burglary charge.
• Intoxication: In Indiana, intoxication may be a defense if it negates the element of intent, meaning you were so intoxicated that you were unable to form the intent to commit a felony. However, it is a very difficult defense to prove and typically requires expert testimony.

🤝 What to Expect When Hiring a Criminal Defense Attorney

Choosing the right criminal defense attorney is a critical decision. Here's what you should expect during the process:

• Initial Consultation: This is your opportunity to discuss the facts of your case with the attorney, ask questions, and understand their approach.
• Case Investigation: The attorney will thoroughly investigate the case, gathering evidence, interviewing witnesses, and reviewing police reports.
• Legal Strategy Development: Based on the investigation, the attorney will develop a strategic defense tailored to your specific circumstances.
• Negotiation with the Prosecution: Your attorney will negotiate with the prosecutor to potentially reduce the charges or reach a plea agreement.
• Trial Representation: If a plea agreement cannot be reached, your attorney will represent you at trial, presenting evidence and arguing your case before a judge and jury.

💰 Potential Compensations & Legal Recourse for Wrongful Accusations

Being wrongly accused of burglary can have devastating consequences on your life. While monetary compensation is not directly available through the criminal court system, several avenues exist if you've suffered damages due to a false accusation or wrongful arrest:

• Civil Lawsuit for Defamation: If false statements about you were published or communicated to others, causing damage to your reputation, you may have grounds for a defamation lawsuit. You must prove the statements were false, published to a third party, and caused you harm.
• Civil Lawsuit for False Arrest/Imprisonment: If you were arrested without probable cause, you may have a claim for false arrest or false imprisonment. This requires proving that the police lacked sufficient justification for your arrest.
• Expungement of Arrest Record: Even if you are not convicted, the arrest record can still impact your employment and other opportunities. Indiana law allows for the expungement of arrest records under certain conditions. An attorney can help you navigate the expungement process.

🎯 Key Strategies a Criminal Defense Attorney Might Employ

Your defense attorney will use various strategies to protect your rights and interests. These may include:

• Motion to Suppress Evidence: If the police obtained evidence illegally (e.g., through an unlawful search), your attorney will file a motion to suppress that evidence, preventing it from being used against you at trial.
• Challenging the Prosecution's Witnesses: Your attorney will rigorously cross-examine the prosecution's witnesses to expose inconsistencies, biases, or weaknesses in their testimony.
• Presenting Expert Testimony: In some cases, expert testimony (e.g., from forensic scientists or psychologists) can be crucial to explaining complex evidence or challenging the prosecution's claims.
• Negotiating a Plea Bargain: Your attorney will negotiate with the prosecutor to potentially reduce the charges, dismiss certain counts, or secure a more favorable sentence.

🔑 Indiana-Specific Considerations for Burglary Cases

Navigating Indiana's legal system requires familiarity with state-specific laws and procedures. Here are some key considerations unique to Indiana:

• Indiana Rules of Evidence: Your attorney must be well-versed in Indiana's Rules of Evidence to ensure that only admissible evidence is presented at trial.
• Sentencing Guidelines: Indiana's sentencing guidelines provide a framework for judges to determine appropriate sentences. Your attorney will advocate for a sentence that is fair and just based on the specific circumstances of your case.
• Criminal Record Expungement: Indiana has specific laws regarding the expungement of criminal records. Your attorney can advise you on your eligibility for expungement and assist you with the application process.

⏳ The Importance of Acting Quickly

If you are facing burglary charges in Indiana, time is of the essence. Contacting a qualified criminal defense attorney as soon as possible can significantly impact the outcome of your case. An attorney can immediately begin investigating the facts, protecting your rights, and developing a strategic defense.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.