Burglary Attorneys In Indiana
To secure a burglary conviction under IC 35-43-2-1, the state must establish that the defendant entered a building belonging to someone else by breaking in, and that a plan to commit theft or another felony was already in place when entry occurred.
Most people picture a forced break-in when they hear the word burglary, but Indiana law reaches well beyond that. The charge covers any unauthorized entry into another person’s building when the person entering had a criminal intent, such as taking property, at the time of entry. That includes entering through an unlocked door, stepping into an open garage or passing through any access point without permission. The absence of physical force does not remove the charge. What the law looks for is the combination of unauthorized access and criminal purpose, regardless of how entry was made.
If you are facing such charges in Noblesville or Lafayette, Indiana, the Law Offices of Jason Jackson & Assoc can help you explore your criminal defense options. Attorney Jason Jackson brings 25 years of experience to every case. He is a lawyer known for affordable rates, a track record of success and the ability to handle a wide variety of criminal charges. Call 317-678-0247 or email us to set up your initial consultation.
What Indiana Law Actually Means By “Breaking And Entering”
Three misconceptions about burglary charges shape how most people react when they are first charged, and clearing them up matters.
First, “breaking” does not mean breaking anything. Pushing open an unlocked door, raising a window or stepping across a threshold without permission satisfies the legal definition. No property damage is required.
Second, nothing has to be stolen. The prosecution’s burden is to show that a criminal purpose existed before entry, not that anything was actually taken. Circumstantial evidence pointing to that intent at the moment of crossing the threshold is enough to keep the charge in place, even when the property was left untouched.
Third, burglary is not the same as trespass. Criminal trespass involves entering or remaining on property without permission but without intent to commit a felony inside. Reducing a burglary charge to trespass is one of the defense paths we evaluate in every case.
Penalties For Burglary Charges In Indiana
In many cases, burglary is charged as a felony offense in Indiana. There are some exceptions where nonviolent burglary may only result in misdemeanor charges. A felony burglary conviction could lead to a permanent record, up to 40 years behind bars and/or fines approaching $10,000.
| Felony Level | Circumstances | Potential Prison Sentence |
| Level 5 | Standard burglary of a commercial building, warehouse or unoccupied structure | 1 to 6 years (Advisory: 3 years) |
| Level 4 | Burglary of a residential dwelling (home or apartment) | 2 to 12 years (Advisory: 6 years) |
| Level 3 | Bodily injury occurred to someone other than the person charged | 3 to 16 years (Advisory: 9 years) |
| Level 2 | Offense involved a deadly weapon on the defendant’s person, or another person sustained serious bodily injury | 10 to 30 years (Advisory: 17.5 years) |
| Level 1 | Burglary of a residential dwelling resulting in serious bodily injury | 20 to 40 years (Advisory: 30 years) |
The location can also make a difference. For instance, it is a Level 4 felony if a person is convicted of residential burglary, where the maximum prison sentence is 12 years. For commercial burglary, the longest prison term is six years, as this is a Level 5 felony. It is a Level 3 felony if someone is injured in the process, which could lead to 16 years behind bars and a $10,000 fine.
Frequently Asked Questions About Indiana Burglary Charges
Burglary law in Indiana involves distinctions that are not obvious to most people facing charges for the first time. Here are answers to the questions clients ask us most.
Can I be charged with burglary if I did not actually steal anything?
Yes. Taking something is not an element of the offense. Indiana burglary law focuses on what a person intended at the moment they entered, not on whether anything changed hands. Prosecutors who can demonstrate that theft or another felony was the purpose behind the entry have met the legal standard. What occurred after you were inside, including whether you left with anything, is a different question from the one the charge turns on.
What is the difference between residential burglary and commercial burglary in Indiana?
Indiana draws a clear line between where an offense occurs and how severely it is charged. A commercial building, warehouse or unoccupied structure puts the charge at Level 5, carrying one to six years. A home or apartment pushes it to Level 4, where the range climbs to two to 12 years. That gap in classification has direct consequences for both sentencing exposure and the strategies worth pursuing in defense.
Can a burglary charge be expunged from my record in Indiana later?
It depends on the level of the conviction and the outcome of the case. Indiana’s expungement law under IC 35-38-9 allows petitions for many felony convictions, but eligibility turns on the specific offense level, the sentence received and how much time has passed since conviction and sentence completion. Convictions involving serious bodily injury face additional restrictions. All fines, fees and restitution must be paid before filing, and Indiana generally allows only one expungement petition in a lifetime. We can review the specifics of your case and advise you on whether expungement is an option and when you would be eligible to file.
Learn About Your Defense Options For Your Burglary Charge
As you can see, burglary charges are complex and dealt with harshly in Indiana, especially when facing related accusations, such as stealing, larceny or looting. The experienced team at the Law Offices of Jason Jackson & Assoc can help you explore your defense options, so use the online contact form or call 317-678-0247 now for a consultation.