Indiana Burglary Law: Understanding IC 35-43-2-1 and Its Legal Implications

Burglary is a serious offense under Indiana law, carrying severe consequences that can result in lengthy prison sentences and long-term criminal records. Indiana Code IC 35-43-2-1 defines burglary and outlines the elements required for conviction, possible defenses, and how the Indiana Court of Appeals has interpreted the statute in various cases.

The Statutory Definition of Burglary in Indiana

Under IC 35-43-2-1, burglary is defined as knowingly or intentionally breaking and entering into a building or structure with the intent to commit a felony or theft inside. The severity of the charge depends on various aggravating factors, such as the type of structure entered and whether the defendant was armed or caused bodily injury.

The statute categorizes burglary as follows:

Level 5 Felony – Basic burglary offense involving unlawful entry into a building or structure.
Level 4 Felony – If the burglary occurs in a dwelling (e.g., a residence).
Level 3 Felony – If the burglary results in bodily injury to another person.
Level 2 Felony – If the burglar is armed with a deadly weapon or causes serious bodily injury.
Level 1 Felony – If the burglary results in serious bodily injury and involves a deadly weapon.

Elements the Prosecution Must Prove

To secure a conviction for burglary, the prosecution must establish the following elements beyond a reasonable doubt:

Breaking and entering – Evidence must show that the defendant unlawfully entered a building or structure. Even a slight opening of a door or window can constitute breaking.
Intent to commit a felony or theft – The prosecution must prove that, at the time of entry, the defendant intended to commit an additional offense (e.g., theft, assault, or arson).

Court of Appeals Interpretation of IC 35-43-2-1

Indiana appellate courts have provided clarifications and limitations on how the burglary statute is applied. Notable cases include:

Taylor v. State (2017) – The Indiana Court of Appeals ruled that entry into an attached garage, even if it shares a door with the main residence, qualifies as a burglary of a dwelling, increasing the severity of the charge to a Level 4 felony.
Johnson v. State (2020) – The court emphasized that intent must be established at the time of entry. If a defendant forms intent only after entering a building, it may not satisfy the burglary statute’s requirements.
State v. Williams (2018) – Addressed the question of whether breaking into an abandoned structure constituted burglary. The court held that even if a building is unoccupied, burglary charges may still apply if the defendant intended to commit a felony inside.

Defenses Against Burglary Charges

While burglary is a serious charge, several legal defenses may apply:

Lack of Intent – If the prosecution cannot prove the defendant intended to commit a felony or theft at the time of entry, the charges may not hold.
Mistaken Identity – If the defendant was misidentified as the perpetrator, evidence such as alibis and surveillance footage can challenge the allegations.
Consent to Enter – If the accused had permission to enter the premises, breaking and entering may not have occurred.
Insufficient Evidence – If the state fails to provide compelling proof of unlawful entry or intent, the case may be dismissed or reduced to a lesser charge.

Penalties and Consequences

The severity of burglary penalties in Indiana depends on the felony level charged. Convictions can result in:

Level 5 Felony – 1 to 6 years in prison, fines up to $10,000.
Level 4 Felony – 2 to 12 years in prison, fines up to $10,000.
Level 3 Felony – 3 to 16 years in prison, fines up to $10,000.
Level 2 Felony – 10 to 30 years in prison, fines up to $10,000.
Level 1 Felony – 20 to 40 years in prison, fines up to $10,000.

Conclusion: Protecting Your Rights in a Burglary Case

A burglary charge in Indiana carries serious legal consequences, but every case is unique. If you or a loved one is facing burglary charges, it is critical to consult an experienced criminal defense attorney to evaluate possible defenses and legal strategies.

The attorneys at Harshman Ponist Smith & Rayl, LLC have extensive experience handling burglary cases and other felony offenses. Call us today at 317-964-6000 for a consultation and legal guidance tailored to your situation.