Legal Question in Criminal Law in Indiana

My Brother was arresterd last year June 05, 2009 in Lagrange County, IN for burglary and resisting arrest. The report does not mention anything being taken or missing. It only states that he admitted being in the building. This is his first criminal offense. The prosecutors first plea offer was for Him to serve 4 years for a class B Felony Burglary. This was later dropped to a C Felony Burglary and the new plea offer is 9 months work release in Lagrange County, IN followed by 1 year of Supervised probation or 18 months house arrest followed by 1 year of supervised probation. Can the act of breaking into a building and not taking anything still be charged as a burglary?


Asked on 2/24/10, 3:36 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

If he went in with the intent of committing a felony, like theft, that is suffficient to support a burglary charge. It doesn't matter whether he actually got around to committing the felony; his intent at the time of the breaking controls.

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Answered on 3/03/10, 6:51 am


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