Burglary is a serious felony in Ohio, and a conviction can mean years in state prison along with a permanent criminal record. The charge is often filed alongside related offenses — theft, assault, or weapons charges — which can compound the exposure significantly. If you are facing a burglary charge, you need an attorney who has tried these cases and who understands how to challenge the evidence the prosecution relies on.
Moran & Fisher, Attorneys at Law, LLC defends clients charged with burglary and aggravated burglary in the Cuyahoga County Court of Common Pleas and throughout Northeast Ohio. Our attorneys have spent decades in these courts handling serious felony cases.
The Burglary Charges We Defend
Ohio law distinguishes between burglary charges based primarily on whether the structure was occupied, whether people were present, and whether a weapon was involved:
Aggravated Burglary (O.R.C. § 2911.11) — Trespassing in an occupied structure when another person is present, with the intent to commit a criminal offense inside, when the offender has a deadly weapon or causes physical harm to another. A first-degree felony; the most serious burglary charge under Ohio law. [TODO: confirm current F1 sentencing range and mandatory provisions for attorney review]
Burglary (O.R.C. § 2911.12) — Trespassing in an occupied structure with intent to commit a criminal offense, where circumstances create a reasonable risk that someone is present or could be harmed. A second- or third-degree felony depending on the structure type and circumstances. [TODO: confirm current F2/F3 sentencing ranges for attorney review]
Breaking and Entering (O.R.C. § 2911.13) — Trespassing in an unoccupied structure by force, stealth, or deception, or trespassing in any structure by force with intent to commit theft. A fifth-degree felony. Carries less exposure than burglary but still produces a felony record.
Safecracking (O.R.C. § 2911.31) — Knowingly accessing a safe or vault under specified circumstances. A fourth-degree felony.
What's at Stake
Aggravated burglary as a first-degree felony carries among the stiffest prison sentences available under Ohio law. Even third-degree felony burglary can result in years of incarceration and a felony record that restricts your employment, housing, and civil rights. Where the prosecution has charged multiple offenses arising from the same incident, the sentences can run consecutive — meaning the total time served may be far longer than any single charge suggests.
How Moran & Fisher Defends Burglary Cases
Challenging the evidence. Burglary cases typically depend on physical evidence — fingerprints, DNA, surveillance footage, or informant testimony. We examine how that evidence was gathered and whether it was obtained constitutionally. Attorney Moran has significant experience writing and successfully arguing motions to suppress evidence obtained through wrongful police conduct.
Intent and presence. Burglary requires proof of intent to commit a criminal offense at the time of entry. We examine whether the prosecution can actually prove what you intended when you entered the structure, and whether the structure meets the definition required by the specific charge.
Identity challenges. In many burglary cases, identification is the central issue — the question is not whether a burglary occurred, but who committed it. We examine eyewitness accounts, surveillance, and forensic evidence for reliability and constitutional compliance.
Trial-tested defense. Our attorneys bring over 100 jury trials and over 300 bench trials of combined experience to every felony case tried in Cuyahoga County and across the region.
Appellate backstop. With over 500 appeals written and argued — including cases before the U.S. Court of Appeals, Sixth Circuit — Moran & Fisher is prepared to pursue relief at every level if your case requires it.
Why Moran & Fisher
Burglary cases can move quickly from arraignment toward trial, and you need counsel who is prepared from day one. Moran & Fisher is a boutique firm — you receive direct partner attention, not case-management by support staff. Attorney Moran is AV Preeminent rated by Martindale-Hubbell (peer and judicial rating) and is widely recognized by Cleveland lawyers as one of the city's most respected courthouse defense attorneys.
Past results do not guarantee a similar outcome. Every case is different.