Indianapolis Burglary Defense Lawyer

You’ve been charged with burglary, but what does this charge involve? Under state law, burglary occurs when you break and enter into someone’s dwelling or business with the intent to deprive them of their property.

Critically, being charged with burglary in Indiana does not require you to take anything. Nor do you need to damage property to be charged with breaking and entering and theft. Simply entering another party’s property without permission is enough for a burglary charge. You could open a window screen, climb in, look around, and leave. Even without taking anything, a burglary charge is possible.

The severity of a burglary charge depends on the property’s value and additional factors, such as whether you have a criminal record, used a weapon, or caused serious bodily injury. If you’re facing a burglary charge, hiring an experienced criminal defense lawyer at Gemma & Karimi is critical. They can challenge the evidence, negotiate reductions, or fight for a dismissal or not guilty verdict.

Gemma & Karimi offers distinct advantages as your legal advocates, leveraging the unique expertise of attorneys who are former prosecutors. With firsthand insight into judicial rulings and prosecutorial tactics, we are well-equipped to anticipate the state’s approach to a burglary case. This allows our attorneys to craft a comprehensive, multi-faceted defense strategy tailored to counter your burglary charges effectively. Contact one of our highly skilled criminal defense attorneys today for the best defense to your burglary charge. Call (317) 602-5970 for a free legal evaluation.

Understanding Burglary Offenses in Indiana

Burglary offenses in Indiana are defined under the law, and are treated as serious crimes, typically felonies, with penalties escalating based on specific circumstances. To understand them fully, you need to break down the legal definition, the elements the state must prove, the classification levels, and how they differ from related offenses. Based on Indiana’s legal framework, here’s what you need to know to understand Indiana burglary offenses:

Legal Definition

Burglary in Indiana occurs when a person:

Breaks and enters with any degree of force or unauthorized entry, even opening an unlocked door counts.
Into a building or structure, including homes, sheds, garages, businesses, or even vehicles if adapted for habitation.
With intent to commit a felony or theft inside; the intent must exist at the time of entry, not after.

It’s not about what you did but what you planned to do. This is the key fact that distinguishes burglary from trespass or theft. You may have entered someone’s apartment and left without touching anything. However, you may still be charged with burglary if the prosecutor can prove that you entered the property without permission.

Elements the State Must Prove

Being charged with burglary is serious, but the prosecutor must prove your guilt beyond a reasonable doubt. For a conviction, prosecutors must establish all three of these elements of burglary:

Breaking: Physical act of entry, however slight (e.g., pushing a window up). No damage is required; Indiana courts have ruled that walking through an open door you weren’t allowed to enter qualifies.
Entering: Crossing the boundary of the structure. Just reaching inside through the window might not suffice unless your body or a tool crosses the line.
Intent: The trickiest part for the prosecutor is proving intent. The state uses circumstantial evidence, such as carrying a crowbar, wearing a mask, or fleeing with goods, to infer you meant to steal or commit another felony. Without intent, it’s not burglary.

Your criminal defense attorneys will likely contest that you intended to commit a burglary offense. Your criminal defense lawyer will explain the various elements of burglary in Indiana to help you understand the charge in detail.

Your attorney will help you understand how strong the state’s case is against you and the odds of being convicted. If their case and evidence are strong, you may be better off negotiating a plea deal, if offered. If the prosecutor’s case is weak, your legal team may recommend taking the case to trial. Always listen to your attorney’s advice because they handle serious criminal cases in Indiana every day.

Facing criminal charges in Indiana?

Call our Indiana Criminal Defense attorney at (317) 676-4747 or fill out our online contact form today to schedule a free consultation!

The Importance of Hiring a Criminal Defense Attorney

Hiring a burglary lawyer in Indiana for a burglary case can significantly impact the outcome of your situation, whether you’re the accused or a victim seeking justice. Here’s why it’s a smart move, tailored to Indiana’s legal landscape:

Understanding the Charges

Burglary in Indiana is typically a felony; Level 4 if it’s a dwelling, Level 5 for other buildings, or higher if armed or resulting in injury. Each level carries steep penalties: Level 4 felonies can mean 2-12 years in prison and up to $10,000 in fines, while Level 5 is 1-6 years. A lawyer knows the nuances and can challenge whether the elements, such as intent to commit a felony inside, were met.

Reducing Penalties

A skilled attorney might negotiate a plea to a lesser charge, like criminal trespass, which carries a maximum of 1 year in jail instead of years in prison. Indiana prosecutors often push hard on property crimes, so having someone who can counter their case is key. Your attorney may push to have your charge reduced to a misdemeanor, which could keep you out of jail.

Defending Your Rights

Police might overstep during a search or arrest, say, entering your home without a warrant or probable cause. A lawyer can file motions to suppress evidence if your Fourth Amendment rights were violated, potentially dismantling the case. Even if the prosecutor’s case is strong, they cannot convict you if your attorney proves that the state violated your civil rights.

Navigating Evidence

Burglary cases often hinge on circumstantial evidence, such as fingerprints, and possession of stolen goods. A lawyer can question the prosecution’s proof, like whether you had intent or were just in the wrong place, and bring in alibis or witnesses.

Habitual Offender Risks

Indiana’s habitual offender statute could tack on 6-20 extra years if you’ve got prior convictions. To keep your sentence manageable, your Indianapolis criminal defense lawyer can fight this enhancement or argue mitigating factors, such as being a non-violent offender.

Indiana Criminal Justice Factors

Complex Local Courts

Indiana has 92 counties, each with its own prosecutors and judges who handle cases differently. A local burglary lawyer knows the players, whether Marion County’s court leans harsh or lenient, and tailors the strategy accordingly. Your Gemma & Karimi criminal defense attorneys are Indianapolis natives. Thus, you can leverage their extensive knowledge of local judges, courts, and prosecutors to your advantage.

Sentencing Variations

Indiana’s sentencing guidelines give judges discretion. A lawyer can argue for probation over prison, especially for Level 6 felonies, the lowest tier, where community service or restitution might impact the judge or jury.

Expungement Potential

If convicted, Indiana allows some felonies to be expunged after 8-10 years. If needed, a lawyer can work on your expungement case and determine if it qualifies for relief. If your case is eligible, your criminal defense attorneys can complete the expungement documents and submit them to the court on your behalf. The charge or arrest could be taken from your record if expungement is successful.

Legal Advantages

Time and Stress

Legal proceedings are a maze of arraignments, pre-trial hearings, and discovery. An Indianapolis criminal defense lawyer handles the deadlines and paperwork, sparing you from missing a critical step.

Cost vs. Consequence

Hiring an Indianapolis criminal defense lawyer costs money, but a felony conviction’s many effects, lost income, jail time, and a permanent record, so the investment is worth it. Public defenders are an option, but they’re often swamped; a private attorney from Gemma & Karimi will be utterly dedicated to your case.

In short, a burglary lawyer in Indiana isn’t just a luxury; it’s critical to obtaining the best case result. It’s a tactical move that anyone accused of burglary should choose.

The Role of a Burglary Attorney in Your Case

A criminal defense law firm with experience in burglary cases can provide expert guidance and representation.
They will analyze the prosecution’s evidence, identify weaknesses, and exploit them to your advantage.
A skilled defense lawyer can also help you understand the potential consequences of a conviction and work to minimize them.
A burglary attorney will work tirelessly to defend your rights and interests.
They will investigate the circumstances of your arrest, gather evidence, and develop a robust defense strategy.
Your attorney will also negotiate with prosecutors to secure the best possible outcome for your case.

Potential Defenses Against Burglary Charges

In Indiana, defending against burglary charges (Indiana Code 35-43-2-1) requires challenging the prosecution’s ability to prove the elements of the crime beyond a reasonable doubt or leveraging legal protections. Strong defenses that your Indianapolis criminal defense attorney may choose in your case include:

Lack of Intent

The prosecution must prove you intended to commit a felony, such as theft or burglary. You cannot be convicted if you entered the property without this intent. If you entered without that intent, it’s not burglary; maybe just trespassing. For instance, you broke into a shed to get out of a hail storm, not to commit burglary. If there is no intent to steal, burglary didn’t happen.

Courts look at circumstantial evidence that suggests burglary intent, such as masks or gloves. A strong criminal defense lawyer may argue that your actions, such as entering a dwelling without burglary tools, do not show intent.

No Breaking And Entering

Breaking into a residence, car, or building does not require force. Just opening a door that is unlock counts as breaking and entering. But you must unlawfully enter. The charge collapses if you had permission or a legal right to be there. For instance, you’re a tenant entering your leased garage, even if the landlord claims otherwise.

Insufficient Evidence

The state needs proof of burglary, such as fingerprints, video, or stolen goods in your possession. Your aggressive criminal defense attorneys can attack weak or circumstantial evidence. For instance, you’re found near a burgled home, but no one saw you enter, and nothing directly links you.

You Have A Strong Alibi

You must prove that you were elsewhere when the burglary or other criminal offense occurred. An Indianapolis criminal defense lawyer will work to build a strong alibi, such as receipts of payment, eyewitnesses, GPS data, etc.

For instance, you were in a bar in Carmel, with a timestamped tab, while a house in Gary was robbed. The jury will significantly value a concrete timeline, and your defense law firm may subpoena your cell phone records and any available security footage to back up your alibi.

Indiana Angle: Indiana juries value concrete timelines. A lawyer can subpoena phone records or security footage to back you up.

Mistaken Identity

If the evidence relies on eyewitnesses or blurry video, your defense lawyer may argue that they arrested the wrong person. For instance, if a witness say a short man in a black jacket, your attorney may show evidence that you are tall and do not own a black coat.

Illegal Search or Seizure

How It Works: If police violate your Fourth Amendment rights, say, by searching your car without a warrant or probable cause, evidence like stolen goods can be suppressed. Your criminal defense attorney would claim that the evidence cannot be admitted into court because the police violated your rights.

Example: Cops stopped you for a broken taillight, searched your trunk without consent, and found a TV. That’s out if the search was illegal.

Indiana Angle: Indiana courts uphold suppression motions when police overreach (e.g., State v. Lucas, 2016). A lawyer can file a motion to toss key evidence.

Duress or Necessity

How It Works: You broke in because you were forced (duress) or had no choice (necessity)—not to commit a crime.

Example: Someone threatened your family unless you entered a warehouse, or you fled into a home during a tornado.

Indiana Angle: Rare but viable. Duress needs proof of immediate threat (IC 35-41-3-8); necessity might apply in extreme weather cases common in Indiana.

Entrapment

How It Works: If police or an informant tricked you into committing burglary when you wouldn’t have otherwise, it’s entrapment.

Example: An undercover cop begged you to break into a shed for “lost keys,” then arrested you.

Indiana Angle: Indiana recognizes entrapment if the state planted the idea and you weren’t predisposed. Sting operations in drug or theft cases sometimes overstep.

Intoxication

How It Works: Voluntary intoxication rarely excuses crimes, but if you were too drunk or high to form intent, it might downgrade the charge.

Example: You stumbled into a garage thinking it was your own, blackout drunk.

Indiana Angle: Courts are skeptical, but if intent is unprovable, a Level 4 felony can be reduced to a misdemeanor like public intox.

Strategic Considerations In A Burglary Offense

Your defense lawyer will advise you of critical legal strategic factors when you consider your options:

Plea Bargaining: Even with a robust defense, Indiana prosecutors might offer a deal, say, criminal trespass instead of a Level 5 felony. Your defense lawyer would probably encourage you to take this plea deal.
Jury Sympathy: In conservative Indiana counties, defenses like necessity or mistaken identity play better than “technicalities” like illegal searches.
Local Rules: Counties like Marion or Lake have busy dockets, which means overworked prosecutors might drop weak cases if challenged hard.

Retain excellent legal representation at Gemma & Karimi to ensure the most rigorous criminal defense against your burglary charge. Our attorneys offer a free case evaluation, so you risk nothing by having us review your case.

The Consequences of a Burglary Conviction

Being convicted of burglary in Indiana carries serious consequences, as does breaking and entering and similar crimes:

Prison Time

Most burglary convictions in Indiana result in time behind bars:

Level 6 Felony: 6 months to 2.5 years, often for breaking and entering charges.
Level 5 Felony: 1 to 6 years, such as for breaking into a structure other than a dwelling.
Level 4 Felony: 2 to 12 years for residential burglary.
Level 3 Felony: 3 to 16 years for burglary with a deadly weapon.
Level 2 Felony: 10 to 30 years, usually for armed burglary causing bodily injury.
Level 1 Felony: 20 to 40 years, such as for armed burglary with serious injury or death.

Judges can suspend part of the sentence for probation, but prison is common for higher levels.

Fines

Up to $10,000 for any felony level. Courts often impose this alongside restitution, which means paying the crime victim for their financial losses. For instance, if you break into someone’s home and steal their jewelry, you may need to pay restitution for the property damage caused. You may need to pay for broken locks, windows, doors, etc.

Habitual Offender Enhancement

If you have prior felony convictions, Indiana’s habitual offender statute (IC 35-50-2-8) can add 6-20 years to your sentence, depending on your history. For example, two prior unrelated felonies could double your time.

Collateral Consequences

Criminal Record

A felony conviction will stay with you for years. Indiana allows expungement after 8-10 years for a felony, but only if you stay clean and petition the court. Until then, it’s public record, searchable by employers, landlords, and anyone who runs a background check. Expect plenty of hassles over time about your criminal record.

Employment

Most employers run background checks. A burglary conviction flags you as untrustworthy, tanking jobs in retail, finance, or anything handling sensitive info. State licensing boards (e.g., nursing, teaching) often deny felons, too.

Housing

Landlords can reject you outright; private ones almost always do, and public housing bans felons for years under federal rules. Finding a stable living place can become extremely difficult, especially in a tight real estate market.

Firearm Rights

Indiana strips felons of gun rights (IC 35-47-2-7). No owning, carrying, or using firearms, period. Federal law backs this up, making it a crime to possess one post-conviction.

Voting Rights

You lose voting rights while incarcerated. They’re restored after release, but navigating registration can be tricky if you’re on probation or parole.

Family and Relationships

Custody battles get brutal; a felony paints you as an unfit parent. Visitation rights might be curtailed, and the family court judge may require supervised visits with the children. Plus, the stigma strains personal ties. Friends or family may distance themselves.

Education

Federal student aid (like Pell Grants) stays intact unless it’s a drug-related felony, but colleges can deny admission based on your record. Scholarships often dry up, too.

Immigration Consequences

Non-citizens face deportation. Burglary is a “crime of moral turpitude” under U.S. immigration law, triggering removal proceedings even for green card holders.

Social and Financial Fallout

Your reputation and social status may take a beating:

Reputation: Small towns in Indiana talk. A conviction brands you locally; think “the guy who broke into the neighor’s house.”
Debt: Fines, restitution, and legal fees pile up. If you’re locked up, lost wages compound it. A Level 4 felony’s 2-12 years could cost you $50,000+ in earnings, assuming a $25,000 annual job.
Probation Struggles: If spared full prison, probation usually means random checks, drug tests, and travel restrictions. Violate terms, like missing a payment or leaving the state, and you’re back in jail.

Long-Term Impact

There are still more consequences of your burglary conviction in Indiana:

Career Limits: Even after expungement, gaps in work history raise red flags. Climbing out of low-wage jobs gets tougher.
Mental Toll: Studies show felony convictions spike stress, depression, and isolation. Indiana’s rural areas offer little support; therapy or reintegration programs are scarce outside Indianapolis or Fort Wayne.
Re-Offense Risk: With limited options, some convicted parties fall back into crime. Indiana’s recidivism rate hovers around 35% within three years, per state data.

The long list of consequences of burglary convictions is sobering. Whether you are charged with residential burglary, burglary with a deadly weapon, or another burglary offense, always retain a seasoned Indianapolis criminal defense attorney.

Frequently Asked Questions About Burglary Charges

A burglary charge is alarming, and you may have many legal questions. Common questions our defense lawyer receives about property crimes include:

A burglary lawyer analyzes the prosecution’s evidence, identifies weaknesses in the case, negotiates with prosecutors for reduced charges, and represents you in court to fight for a dismissal or acquittal.

We defend against charges by challenging the validity of the evidence, proving a lack of “intent” to commit a crime, asserting your right to be on the property, or demonstrating that police violated your rights during the arrest.

A common strategy is attacking the “intent” element. If the state cannot prove you entered a building specifically to commit a felony or theft, the charge may be reduced to trespassing or dismissed entirely.

You should hire an attorney immediately after being arrested or questioned. Early legal intervention prevents you from incriminating yourself and allows your team to secure vital evidence before it disappears.

The key difference is intent. Burglary requires entering with the specific intent to commit a felony or theft. Trespassing is simply entering property without permission, which is a less severe offense.

Under Indiana Code 35-43-2-1, burglary occurs when a person breaks and enters a building or structure with the intent to commit a felony or theft inside. No actual theft needs to occur for the charge to stick.

Common defenses include lack of intent, mistaken identity, having a valid alibi (being elsewhere), insufficient evidence, and Fourth Amendment violations (illegal search and seizure).

You will be arrested, booked, and required to appear for an initial hearing. The court will set bail, and the legal process of discovery and pre-trial negotiations will begin. You face potential prison time and a permanent felony record.

The process typically follows these steps: Arrest \rightarrow Arraignment (charges read) \rightarrow Discovery (evidence exchange) \rightarrow Pre-trial hearings/Motions \rightarrow Plea negotiations \rightarrow Trial (if no plea is reached) \rightarrow Sentencing.

Yes. Burglary is a high-level felony in Indiana carrying years of prison time. A public defender may be overwhelmed; a private attorney is your best chance at reducing penalties or avoiding a conviction.

No. You can be convicted of burglary even if you took nothing. The state only needs to prove you intended to commit a crime when you entered the building.

Penalties depend on the severity. It is generally a Level 5 felony (1–6 years prison) but becomes a Level 4 felony (2–12 years prison) if committed in a dwelling, and higher if armed or resulting in injury.

Yes, in many cases. Indiana allows for the expungement of certain felonies after a waiting period (usually 8–10 years), provided you have no new pending charges.

Prior convictions can be devastating. Indiana’s habitual offender statute allows the court to add 6–20 years to your sentence if you have a history of prior unrelated felonies.

We know exactly how the state builds burglary cases and use that insider knowledge to anticipate their tactics and build a stronger defense for you.

Contact Us for a Case Evaluation

Are you facing a burglary charge in Indiana? You could be jailed for a long time and face many other consequences, such as fines, probation, court fees, and difficulty obtaining employment.

The best criminal defense attorney at Gemma & Karimi has vast experience and impressive results in property crimes, including burglary, theft, robbery, breaking and entering, and other criminal charges. Contact our defense lawyer for a free consultation if you face burglary charges in Indiana. Our defense lawyer has been named to the Best Lawyers list in recent years, so you know you will receive a premier legal defense. Contact Gemma & Karimi today about your property criminal charges. Call (317) 602-5970.