Indiana criminal charge
Burglary in Indiana
Burglary is a criminal offense under Indiana law, defined by Ind. Code § 35-43-2-1. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-43-2-1.
What is the penalty for burglary in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 6 years (Burglary (base offense) — Breaking and entering a building or structure of another with intent to commit a felony or theft in it, absent aggravating factors.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Burglary (base offense) — Breaking and entering a building or structure of another with intent to commit a felony or theft in it, absent aggravating factors.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Burglary of a dwelling — The building or structure broken into is a dwelling.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Burglary of a dwelling — The building or structure broken into is a dwelling.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Burglary resulting in bodily injury — The burglary results in bodily injury to a person other than a defendant.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Burglary resulting in bodily injury — The burglary results in bodily injury to a person other than a defendant.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 10 years to 30 years (Burglary while armed with a deadly weapon — The burglary is committed while the offender is armed with a deadly weapon.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Burglary while armed with a deadly weapon — The burglary is committed while the offender is armed with a deadly weapon.) | discretionary | Ind. Code § 35-50-2-4.5 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is burglary classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Burglary (base offense) | Level 5 Felony | Breaking and entering a building or structure of another with intent to commit a felony or theft in it, absent aggravating factors. | Ind. Code § 35-43-2-1undefined |
| Burglary of a dwelling | Level 4 Felony | The building or structure broken into is a dwelling. | Ind. Code § 35-43-2-1undefined |
| Burglary resulting in bodily injury | Level 3 Felony | The burglary results in bodily injury to a person other than a defendant. | Ind. Code § 35-43-2-1undefined |
| Burglary while armed with a deadly weapon | Level 2 Felony | The burglary is committed while the offender is armed with a deadly weapon. | Ind. Code § 35-43-2-1undefined |
Common questions about burglary in Indiana
Is burglary a felony or a misdemeanor in Indiana?
It depends on the circumstances: burglary ranges from a Level 5 Felony to a Level 2 Felony in Indiana under Ind. Code § 35-43-2-1.
Burglary (base offense): Level 5 Felony (Ind. Code § 35-43-2-1) · Burglary of a dwelling: Level 4 Felony (Ind. Code § 35-43-2-1) · Burglary resulting in bodily injury: Level 3 Felony (Ind. Code § 35-43-2-1) · Burglary while armed with a deadly weapon: Level 2 Felony (Ind. Code § 35-43-2-1)
What are the penalties for burglary in Indiana?
Penalties for burglary in Indiana depend on how it is classified — from a Level 5 Felony up to a Level 2 Felony — with the ranges set by Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-5 and Ind. Code § 35-50-2-4.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers burglary?
Burglary is governed by Ind. Code § 35-43-2-1 (Burglary).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.