Indiana Burglary Charges: Can You Fight Back and Protect Your Future?

Understanding Burglary Charges in Indiana: A Comprehensive Guide

Facing a burglary charge in Indiana can be a daunting experience with severe consequences. Unlike some other property crimes, burglary in Indiana is a serious felony that carries significant penalties, including lengthy prison sentences and substantial fines. This article will break down what constitutes burglary under Indiana law, explore potential penalties, discuss common defense strategies, and provide actionable advice if you or someone you know is accused of this crime. Our focus is to provide clear, actionable legal help based on Indiana's specific statutes and judicial practices.

What is Burglary in Indiana? The Legal Definition

In Indiana, the crime of burglary is defined under Indiana Code (IC) 35-43-2-1. It's not simply breaking and entering. To secure a conviction for burglary, the prosecution must prove two key elements beyond a reasonable doubt:

1. 🕵️ Entry: The defendant must have broken into and entered a building or structure. "Breaking" doesn't necessarily mean physically damaging something; it can be as simple as opening an unlocked door or window. "Entry" can be with any part of the body, even a hand reaching inside.
2. 💰 Intent to Commit a Felony or Theft: At the time of entry, the defendant must have intended to commit a felony (like assault, rape, or arson) or a theft inside the building. This specific intent is crucial. If there was no intent to commit a felony or theft at the moment of entry, even if one was committed later, it might not be burglary, though other charges could still apply.

The type of structure entered also plays a critical role in determining the severity of the charge. This could include a dwelling (a place where a person lives), a commercial building, an abandoned structure, or even a vehicle, depending on the circumstances.

Burglary Classifications and Penalties in Indiana

Burglary in Indiana is typically charged as a felony, with the severity largely depending on the nature of the structure entered and the presence of aggravating factors.

Level 4 Felony Burglary

This is the most common starting point for a burglary charge. A person commits a Level 4 Felony if they break and enter a building or structure with the intent to commit a felony or theft. The penalties for a Level 4 Felony in Indiana include:

• ⚖️ Fixed Prison Term: Between two (2) and twelve (12) years, with an advisory sentence of six (6) years.
• 💸 Fines: Up to ten thousand dollars ($10,000).

Level 2 Felony Burglary (Aggravated)

Burglary can be elevated to a Level 2 Felony if certain aggravating factors are present. This is a much more serious charge with significantly harsher penalties. A burglary becomes a Level 2 Felony if:

• 🏡 Dwelling: The building or structure entered is a dwelling (a place where someone lives).
• 🤕 Bodily Injury: The burglary results in bodily injury to any person other than the defendant.
• 🔫 Deadly Weapon: The defendant was armed with a deadly weapon (or a device that simulates a deadly weapon) while committing the burglary.
• 💀 Serious Bodily Injury: The burglary results in serious bodily injury to any person other than the defendant.

The penalties for a Level 2 Felony in Indiana are severe:

• ⚖️ Fixed Prison Term: Between ten (10) and thirty (30) years, with an advisory sentence of seventeen and a half (17.5) years.
• 💸 Fines: Up to ten thousand dollars ($10,000).

Level 3 Felony Burglary (Intermediate)

Burglary can also be elevated to a Level 3 Felony if, while committing the burglary, the defendant:

• 💥 Serious Bodily Injury: Inflicts serious bodily injury on any person other than the defendant, or
• 🔪 Deadly Weapon & Dwelling: Is armed with a deadly weapon, and the building is a dwelling.

This category often overlaps with Level 2, but specific circumstances can lead to a Level 3 charge. The penalties for a Level 3 Felony include:

• ⚖️ Fixed Prison Term: Between three (3) and sixteen (16) years, with an advisory sentence of nine (9) years.
• 💸 Fines: Up to ten thousand dollars ($10,000).

It's crucial to understand that these are statutory ranges. Actual sentences can vary based on a judge's discretion, mitigating and aggravating circumstances, plea agreements, and the defendant's criminal history.

Hypothetical Cases: Burglary in Action in Indiana

Case A: The Abandoned Warehouse

Sarah, an urban explorer, breaks an old, unlocked window to enter a clearly abandoned warehouse in Indianapolis, intending to take some old copper piping she spots inside. No one lives there, and the structure is visibly dilapidated. She is caught by police responding to a motion sensor alarm.
Analysis: Sarah would likely be charged with Level 4 Felony Burglary. While the building was abandoned, her intent was theft (taking copper piping), and she broke and entered. The lack of a dwelling or victims reduces the severity compared to other scenarios.

Case B: The Daytime Home Invasion

Michael forces open the back door of a seemingly empty home in Carmel during the day, intending to steal electronics. He grabs a laptop and is about to leave when the homeowner, who was upstairs, confronts him. Michael shoves the homeowner aside, causing them to fall and hit their head, resulting in a minor concussion. Michael flees with the laptop.
Analysis: Michael would likely face Level 2 Felony Burglary. He broke into a dwelling with the intent to commit theft, and in the course of the burglary, he caused bodily injury (the concussion) to a person other than himself. The combination of a dwelling and bodily injury elevates the charge significantly.

Case C: Armed Robbery and Confrontation

David, armed with a handgun, breaks into a Muncie home late at night, knowing the residents are usually asleep. His intent is to steal valuables. He encounters a homeowner awake in the living room. David points the gun at them and demands money. The homeowner complies, and David flees.
Analysis: David would almost certainly be charged with Level 2 Felony Burglary. He broke into a dwelling, was armed with a deadly weapon, and potentially also committed robbery. The presence of a deadly weapon in a dwelling immediately escalates the charge to the highest level, regardless of whether injury occurred. He could also face separate charges for armed robbery.

Key Defense Strategies Against Burglary Charges

A strong defense is critical when facing burglary charges. An experienced Indiana criminal defense attorney can explore various strategies, including:

• 🚫 Lack of Intent: This is often the most powerful defense. If the prosecution cannot prove that you intended to commit a felony or theft at the moment of entry, the burglary charge may fail. Perhaps you entered to escape a storm, retrieve something you believed was yours, or were simply lost.
• ❓ Mistaken Identity: Eyewitness accounts can be unreliable. If the evidence points to someone else, your attorney can present an alibi or challenge identification procedures.
• 🤝 Consent: If you had permission to enter the building, even if that permission was later revoked or misunderstood, the "breaking and entering" element may not apply.
• 👮 Constitutional Violations: Evidence obtained through illegal search and seizure (without a warrant or probable cause) can be suppressed, potentially weakening the prosecution's case.
• 🧠 Intoxication: In some limited circumstances, extreme intoxication can be used to argue that you lacked the specific intent required for burglary, although this is a difficult defense to mount successfully.
• ❌ No Breaking or Entering: If the prosecution cannot prove that you "broke into" or "entered" the structure as defined by law, the charge may be dismissed.

Steps to Take if Charged with Burglary in Indiana

The moment you suspect you are being investigated or are formally charged with burglary, taking the right steps can significantly impact the outcome of your case. Time is of the essence.

1. 🗣️ Remain Silent: You have the right to remain silent. Exercise it. Do not answer questions from law enforcement without an attorney present. Anything you say can and will be used against you.
2. 🛑 Do Not Resist Arrest: Even if you believe the arrest is unlawful, do not physically resist. Resisting arrest can lead to additional charges.
3. 📞 Contact an Attorney IMMEDIATELY: This is the most crucial step. An experienced Indiana criminal defense attorney can advise you on your rights, review the evidence, and begin building a defense. Do not wait.
4. 📸 Document Everything: If you can, make notes of what happened, who was involved, where it occurred, and any details you remember. This can be helpful for your attorney later.
5. 🚫 Do Not Tamper with Evidence: Do not destroy, alter, or hide any potential evidence related to the case. This can lead to additional, severe charges like obstruction of justice.
6. 🚫 Avoid Social Media: Do not post anything about your case on social media. These posts can be used as evidence against you.

Common Mistakes to Avoid

• 🤦 Talking to Police Without Counsel: This is the biggest mistake. Police are trained to elicit information, and even seemingly innocent statements can be misconstrued or used against you.
• 🚫 Trying to "Explain" Your Way Out: Many people believe they can convince law enforcement of their innocence. This rarely works and often provides the prosecution with more evidence.
• 🗓️ Missing Court Dates: Failing to appear in court will lead to a warrant for your arrest and severely complicate your legal situation.
• 🤝 Pleading Guilty Without Legal Advice: While plea bargains can be beneficial, you should never accept one without a thorough review and recommendation from your attorney.
• 🌐 Ignoring Discovery Deadlines: Your attorney will manage this, but it's important to understand that there are strict deadlines for exchanging information with the prosecution.

Restitution for Victims and Other Penalties

While this article focuses on the defense side of criminal law, it's important to acknowledge that if a defendant is convicted of burglary, the court can order restitution to the victim. This is not "compensation" in the civil sense, but a punitive measure as part of the criminal sentence. Restitution can cover:

• 💸 Property Loss: The fair market value of stolen or damaged property.
• 🏥 Medical Expenses: Costs for any injuries sustained by victims during the burglary.
• 🔧 Repair Costs: For damages to the building or structure.

The amounts awarded for restitution are based on actual, verifiable losses and are determined by the court. While there isn't a "range" in the same way as civil damages, the court's goal is to make the victim whole for their direct financial losses caused by the crime. Beyond incarceration and fines, a burglary conviction can also result in:

• 📋 Probation: A period of supervised release with strict conditions.
• 🌍 Community Service: Required hours of unpaid work for the community.
• 🧪 Drug and Alcohol Treatment: If substance abuse was a contributing factor.
• Monitoring: Electronic monitoring or house arrest.
• 📜 A Permanent Felony Record: This can impact future employment, housing, professional licenses, and even civic rights.

The Importance of an Experienced Indiana Criminal Defense Attorney

Given the serious nature of burglary charges in Indiana, retaining a skilled criminal defense attorney is not just advisable—it's essential. An attorney will:

• 🔬 Investigate: Conduct a thorough investigation into the facts of your case.
• 📝 Negotiate: Negotiate with prosecutors for reduced charges or favorable plea agreements.
• 🏛️ Represent: Aggressively represent you in court, challenging evidence and advocating for your rights.
• 🧭 Advise: Guide you through every step of the complex legal process, explaining your options and potential outcomes.
• 🛡️ Protect: Work to protect your rights, your freedom, and your future.

Do not face a burglary charge alone. The stakes are too high. Contact a criminal defense attorney in Indiana immediately to discuss your case and understand your legal options.

Disclaimer: This article provides general information about Indiana burglary laws and is not intended as legal advice. Laws are subject to change, and the application of law depends on the specific facts of each case. For advice on your particular situation, you should consult with a qualified Indiana criminal defense attorney. No attorney-client relationship is formed by reading this article.