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Burglary Attorney in Indianapolis, IN

Burglary is charged more often, and more seriously, than many people realize. In Indiana, burglary covers breaking and entering a building or structure that belongs to someone else with intent to commit a felony or theft inside. Nothing has to actually be taken, and the breaking can be as slight as opening an unlocked door or pushing open a window. Because the charge depends on intent at the moment of entry, it often comes down to what the state can prove about what the person meant to do.

Burglary is a Level 5 felony at its base level, carrying one to six years in prison. It’s a Level 4 felony, carrying two to twelve years, when the building is a dwelling, like a house, apartment, or attached garage. It becomes a Level 3 felony when someone is injured, a Level 2 felony when it’s committed while armed with a deadly weapon or results in serious bodily injury, and a Level 1 felony when it involves a dwelling and serious bodily injury. Indiana also has related lesser offenses, including residential entry, which is breaking and entering a dwelling without proof of intent to commit a crime inside and is a Level 6 felony, and criminal trespass, which is generally a misdemeanor.

The defense in a burglary case often focuses on the elements the state has to prove. That may include whether there was really a breaking, whether the person had permission or a reasonable belief they could enter, whether the building was a dwelling, and whether there’s actual evidence of intent to commit a felony or theft, as opposed to a different purpose for being there. Identification is another frequent issue, since many cases rely on fingerprints, video, or possession of stolen property found later.

At RileyCate, we defend burglary charges at every level, from commercial burglaries to cases involving homes. Depending on the evidence, a burglary charge may be reduced to residential entry or trespass, dismissed, or taken to trial. If the case involves taking property from a person by force or fear, our Robbery page explains how that charge differs.

Burglary cases often turn on what the state can actually prove about intent and identity, and they reward attorneys who are ready to test that evidence at trial. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.

Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.

Why Choose Us

Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.

We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.

Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.

We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.

About RileyCate

What is the penalty for burglary in Indiana?

Burglary is a Level 5 felony at its base level, carrying one to six years, and a Level 4 felony, carrying two to twelve years, when the building is a dwelling. It climbs to a Level 3, Level 2, or Level 1 felony when injuries or a deadly weapon are involved. An attorney can help you understand which level applies and how to challenge it.

Is it burglary if nothing was stolen?

Yes, it can be. Burglary is complete when a person breaks and enters with intent to commit a felony or theft inside, even if nothing is taken. That means the case often turns on what the state can prove about the person’s intent at the time of entry. An attorney can help you challenge whether the evidence actually shows that intent.

What counts as breaking in Indiana?

Breaking doesn’t require force or damage. Opening an unlocked door, pushing open a window, or entering through a partly open door can all count. Entering with permission generally isn’t breaking, though. Whether there was a breaking is sometimes a real question in these cases. An attorney can help you evaluate whether this element is actually met.

What is residential entry?

Residential entry is breaking and entering someone else’s dwelling without the state having to prove intent to commit a crime inside. It’s a Level 6 felony, carrying six months to two and a half years, which is far less serious than burglary of a dwelling. It’s sometimes an appropriate lesser charge. An attorney can help you pursue a reduction when the evidence of intent is weak.

What is the difference between burglary and criminal trespass?

Criminal trespass generally involves entering or staying on someone else’s property without permission, while burglary requires breaking and entering with intent to commit a felony or theft. Trespass is usually a misdemeanor, while burglary is always a felony. An attorney can help you argue that the facts support trespass rather than burglary.

What if I had permission to be there?

If you had permission to enter, or reasonably believed you did, that can be a defense to burglary and to related charges. Questions about permission often come up with former roommates, partners, or family members. Text messages and other records can help show you had permission. An attorney can help you gather that evidence.

Is a garage or shed considered a dwelling?

It can be. Indiana courts have treated attached garages and structures connected to a home as part of a dwelling in many cases, which raises a burglary to a Level 4 felony. A detached building may be treated differently depending on how it’s used. An attorney can help you challenge whether the structure really qualifies as a dwelling.

Can a burglary charge be reduced?

Often, yes. Depending on the evidence, a burglary charge may be reduced to residential entry, criminal trespass, or theft, especially when the evidence of intent or breaking is weak. A reduction can mean the difference between a serious felony and a misdemeanor. An attorney can help you identify weaknesses that support a reduction.

If you’ve been charged with burglary, the state’s evidence of intent and identity should be challenged early. We offer a consultation to review the charges and explain your options. Reach out to RileyCate today to speak with a burglary defense attorney.