Indiana statute 35-43-2-1 defines burglary as when a person breaks into and enters someone else’s structure or building with the intent to commit theft or a felony.
A burglar is someone who breaks and enters into private commercial or residential property for the purpose of committing a felony or stealing something of value that does not belong to them. In Indiana, these charges are brought as a felony, but if the circumstances surrounding the burglary involve a home or dwelling, or with the use of a deadly weapon, the felony may be elevated to a higher level and carry an even higher punishment. The type of felony one faces depends on the type of structure or property they broke into, as well as, any existing enhancements (gun possession, deadly weapon, etc.).
- Building or structure. Burglary of a building or structure is a level 5 felony and carries a sentence of one to six years in prison.
- Dwelling. Burglary of a dwelling is a level 4 felony and carries a sentence of two to 12 years in prison.
- Bodily injury. Burglary that results in bodily injury to another is a level 3 felony and carries a sentence of three to 16 years in prison.
- Armed or serious injury. Burglary committed while armed with a deadly weapon or that results in serious bodily injury to another is a level 2 felony and carries a sentence of 10 to 30 years in prison.
- Dwelling and serious injury. If the circumstances involve dwelling and results in serious bodily injury to another is a level 1 felony and carries a sentence of 20 to 40 years in prison.
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