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Robbery, Burglary, Breaking and Entering, and Theft

Fogt Law Can Help

Robbery, Burglary, Breaking and Entering, and Theft can be difficult cases. Fogt Law has the experience and knowledge needed to help you with these types of cases. We will thoroughly review the discovery, discuss your case and advocate strongly on your behalf throughout your case including trial.

A lot of these cases involve witness identification, witness statements, photo-lineups, show-ups, video and audio surveillance, DNA, fingerprints, firearms, criminal tools, money, alibis, and much more. These incidents usually happen quick and unexpectedly. For instance, a witness may think they thought something when they really did not.

You need someone on your side to carefully review the evidence, look for evidence favorable to you, and challenge the State's narrative as to what they think happened. Fogt Law has a trusted and a high-quality contract investigator that can locate and talk to witnesses and much more. Fogt Law has also worked with a number of high quality experts over the years to protect their clients' rights.

If after careful review and in-depth discussion, you decide to take a plea, we will present a thorough mitigation argument to the Court on your behalf. We understand that your case not only affects you, but your family as well.  

Aggravated Robbery (ORC 2911.01)

(A) No person, in attempting or committing a theft offense, as defined in section 2913.01 of the Revised Code, or in fleeing immediately after the attempt or offense, shall do any of the following:

(1) Have a deadly weapon on or about the offender's person or under the offender's control and either display the weapon, brandish it, indicate that the offender possesses it, or use it;

(2) Have a dangerous ordnance on or about the offender's person or under the offender's control;

(3) Inflict, or attempt to inflict, serious physical harm on another.

(B) No person, without privilege to do so, shall knowingly remove or attempt to remove a deadly weapon from the person of a law enforcement officer, or shall knowingly deprive or attempt to deprive a law enforcement officer of a deadly weapon, when both of the following apply:

(1) The law enforcement officer, at the time of the removal, attempted removal, deprivation, or attempted deprivation, is acting within the course and scope of the officer's duties;

(2) The offender knows or has reasonable cause to know that the law enforcement officer is a law enforcement officer.

(C) Whoever violates this section is guilty of aggravated robbery, a felony of the first degree.

Can your record be sealed? No.

Robbery (ORC 2911.02)

(A) No person, in attempting or committing a theft offense or in fleeing immediately after the attempt or offense, shall do any of the following:

(1) Have a deadly weapon on or about the offender's person or under the offender's control;

(2) Inflict, attempt to inflict, or threaten to inflict physical harm on another;

(3) Use or threaten the immediate use of force against another.

(B) Whoever violates this section is guilty of robbery. A violation of division (A)(1) or (2) of this section is a felony of the second degree. A violation of division (A)(3) of this section is a felony of the third degree.

Can your record be sealed? No.

Aggravated Burglary (ORC 2911.11)

(A) No person, by force, stealth, or deception, shall trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense, if any of the following apply:

(1) The offender inflicts, or attempts or threatens to inflict physical harm on another;

(2) The offender has a deadly weapon or dangerous ordnance on or about the offender's person or under the offender's control.

(B) Whoever violates this section is guilty of aggravated burglary, a felony of the first degree.

This is a first-degree felony with a potential indefinite sentence between 3 to 11 years in prison.

Can your record be sealed? No.

Burglary (ORC 2911.12)

(A) No person, by force, stealth, or deception, shall do any of the following:

1) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense.

This is a second-degree felony with a potential indefinite sentence between 2 to 8 years in prison. 

2) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present, with purpose to commit in the habitation any criminal offense.

This is a second-degree felony with a potential indefinite sentence between 2 to 8 years in prison.

3) Trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, with purpose to commit in the structure or separately secured or separately occupied portion of the structure any criminal offense.

This is a third-degree felony with a potential definite prison sentence from 9 months to 36 months.

A less serious type of Burglary means no person, by force, stealth, or deception, shall trespass in a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present.

This is a fourth-degree felony with a potential definite prison sentence up to 18 months.

Can your record be sealed? Only the fourth-degree felony can be sealed.

Breaking and Entering (ORC 2911.13)

(A) No person by force, stealth, or deception, shall trespass in an unoccupied structure, with purpose to commit therein any theft offense, as defined in section 2913.01 of the Revised Code, or any felony.

(B) No person shall trespass on the land or premises of another, with purpose to commit a felony.

Theft (ORC 2913.02)

Theft means no person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways:

1) Without the consent of the owner or person authorized to give consent;

2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;

3) By deception;

4) By threat;

5) By intimidation.

Theft can range from a first-degree misdemeanor to a first-degree felony depending on what and/or how much was stolen as well as who it was stolen from. There is a potential definite prison up to 36 months or an indefinite potential prison sentence up to 11 years.

Can your record be sealed? Most thefts can be sealed. 

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