My Rights If Charged with Burglary with Serious Bodily Injury

Posted on August 6, 2025
  • Criminal Defense,
  • Violent Crimes

    • Burglary involving serious bodily injury is a serious criminal offense in Indiana. If you are charged with this crime, you have certain rights you should be aware of so that you can protect. The Criminal Defense Team can explain these rights and how we can help when you contact us for a confidential consultation. 

    Your Right to Remain Silent

    One of the most important rights you have when confronting the criminal justice system is your right to remain silent. This right arises when you are arrested or are in police custody. Law enforcement must inform you of your right to remain silent and that anything you say or do can and will be used against you in a court of law. Listen carefully to these warnings and exercise your right to remain silent.

    Your Right to Know the Charges Against You

    Burglary in Indiana occurs when a person breaks and enters into another person’s building or structure with the intent to commit a felony or theft there. The base offense is classified as a Level 5 felony, but it can be punished more harshly under certain circumstances. One circumstance is if the burglary resulted in serious bodily injury. Indiana law defines serious bodily injury as a bodily injury that creates a substantial risk of death or that causes a permanent or protracted loss or impairment of the function of any bodily member or organ, the loss of a fetus, extreme pain, unconsciousness, or serious permanent disfigurement. 

    Your Right to Know the Penalties You’re Facing

    The potential penalties you face depend on the circumstances regarding the 

    • Level 5 felony – Base offense – One to six years’ imprisonment
    • Level 4 felony -The building or structure is a dwelling – 2 to 12 years
    • Level 3 felony – Results in bodily injury to anyone other than the defendant – 3 to 16 years
    • Level 2 felony – Results in serious bodily injury to any person other than the defendant or is committed while armed with a deadly weapon – 10 to 30 years
    • Level 1 felony – The building or structure is a dwelling and the crime results in serious bodily injury to anyone other than the defendant– 20 to 40 years

    Your Right to a Speedy Trial

    In Indiana, you have the right to demand a fast and speedy trial. Unless an exception exists, you must be tried within 70 days of your request, or you should be released from jail. However, your criminal defense attorney might advise you against exercising this right, so they have more time to prepare a strong defense on your behalf. 

    Your Right Against Self-Incrimination

    You have the right not to testify against yourself in criminal trial proceedings or provide evidence against yourself.

    Your Right to an Attorney 

    One of the most fundamental rights you have is the right to a criminal defense attorney in Indianapolis. When you hire a private defense attorney, you can choose who you want to represent you. The Criminal Defense Team includes four of the state’s five board-certified criminal trial specialists. Contact us today to schedule a confidential consultation with an experienced criminal defense lawyer about your case.