Criminal charges can make anyone fearful, nervous and uncertain of what to do next. The criminal defense attorneys at Church, Langdon, Lopp, Banet Law understand what you’re going through, and we have helped hundreds of people who have been where you are now. Based in New Albany, Indiana, the defense attorneys at Church, Langdon, Lopp, Banet Law represent clients facing criminal charges throughout Kentuckiana; specifically, Jefferson County, KY, Floyd County, IN, and Clark County, IN. Whether you are only a suspect or you have been formally charged, consulting with an attorney can help protect your rights. Don’t risk your future and your freedom. Whatever the situation, talk to us and find out how we can help you.
Call 812-725-8224 or fill out our online form for a free consultation.
Indiana Burglary Law
The crime of burglary can be carried out without actually taking any property. A person who breaks and enters the building or structure of another person, with an intent to commit a felony in it, commits burglary. Pushing open a door or lifting up a window is sufficient to constitute a breaking – it does not have to be a violent or forceful act. Similarly, an entry does not have to be substantial.
The basic offense of burglary is categorized as a Level 5 felony, which carries a potential sentence of one to six years in prison and a fine of up to $10,000. The possible amount of time that can be imposed increases when certain enhancements are present, but all levels include a maximum fine of $10,000. The offense becomes a Level 4 felony if the structure that was burgled is a dwelling, which can result in an imprisonment term of between two and twelve years, and a Level 3 felony if it results in bodily injury to any person other than a defendant (carries a possible term of three to sixteen years). If the burglary results in serious bodily injury to someone other than a defendant or is committed while armed with a deadly weapon, it turns into a Level 2 felony, punishable by 10 to 30 years behind bars. The offense is a Level 1 felony punishable by a term of 20 to 40 years of imprisonment if the structure is a dwelling AND it results in serious bodily injury to someone other than a defendant.
Indiana Robbery Law
People often use the terms burglary and robbery interchangeably. Under the law, robbery is actually very different from burglary. It involves taking something from someone else by force or a threat of force. It includes something physical that is being held (such as money) as well as something within another’s control (e.g., money in a safe). According to the statute, a person commits robbery if they knowingly or intentionally take property from another person or from the presence of another person by using or threatening the use of force or by putting the person in fear.
Robbery is a Level 5 felony. It becomes a Level 3 felony if it is committed while armed with a deadly weapon or results in bodily injury to any person other than a defendant. If the bodily injury is serious and incurred by someone who is not a defendant, the offense is a Level 2 felony. The more serious the offense, the more serious the charge and punishment.
What are some defenses?
There are a variety of possible defenses to Indiana theft crimes. For example, you can’t be convicted of burglary if you didn’t intend to commit a felony once you were inside. Similarly, you can’t be convicted of a robbery unless you take something from someone else. Perhaps law enforcement used improper procedures during arrest, search and seizure, or their handling of the evidence. Mistaken identity, false accusations, double jeopardy and procedural issues can also weaken the prosecution’s case, which is all that is required of the defense in a criminal case. The defendant does not have to prove his or her innocence. Rather, the prosecution must prove its case beyond a reasonable doubt.
Let us help
The Indiana burglary defense lawyers at Church, Langdon, Lopp, Banet Law understand that everyone makes mistakes, but we believe that those bad choices should not necessarily dictate someone’s future. Our experienced Kentuckiana Defense attorneys possess the skills and knowledge needed to ensure that clients get the effective representation that they deserve. From steep fines to long prison terms, the potential penalties if convicted of a burglary or robbery charge are harsh. The conviction will also go on your criminal record and can cause issues down the road with employers, landlords, financial institutions, and schools that perform a criminal record check as part of their application process.
It’s important to remember that an accusation is not the same as a conviction, and there are many ways our IN defense attorneys can help. We know how the Indiana criminal justice system operates and how to use the unique circumstances of each case to develop a thorough defense strategy that takes advantage of every opportunity for case dismissal, reduction of charges, reduction of sentences, and alternatives to imprisonment. If you have been accused of or arrested in Indiana for robbery or for burglary, let us plan the aggressive defense that you will need. To get more information and explore your options, contact Church, Langdon, Lopp, Banet Law today by calling 812-725-8224 or filling out our online form for a free consultation. Whatever the specifics of your case, we are relentless in fighting for you.