What Counts as “Serious Bodily Injury” in Indiana Burglary Cases?

Posted on August 18, 2025
  • Criminal Defense

    • When you are facing any type of criminal charge, it’s essential that you understand the criminal charges against you, in addition to each element of the crime. Serious bodily injury is a critical element in burglary crimes if they are charged a certain way. An experienced Indianapolis theft crimes attorney from The Criminal Defense Team can review the charges against you, evaluate each element, and raise appropriate defenses in your case. Contact us today for a confidential consultation. 

    How Indiana Law Defines Serious Bodily Injury in Burglary Cases

    Indiana law defines serious bodily injury as a bodily injury that creates a substantial risk of death or that causes any of the following:

    • Serious permanent disfigurement
    • Unconsciousness
    • Extreme pain
    • Permanent or protracted loss or impairment of the function of a bodily member or organ
    • Loss of a fetus 

    Why the Definition of Serious Bodily Injury Matters in Burglary Cases

    The crime of burglary in Indiana is typically classified as a Level 5 felony, which is punishable by one to six years’ imprisonment. However, if the offense causes serious bodily injury to anyone other than the defendant, it is classified as a Level 2 felony. This carries harsher penalties, with a prison sentence of between 10 and 30 years. 

    If the crime results in serious bodily injury to anyone other than the defendant and is committed in a dwelling, it is a Level 1 felony. This crime is punished by imprisonment of 20 to 40 years. 

    As you can see, the potential sentence for burglary can be greatly increased when serious bodily injury occurs. 

    Defending Against Burglary Involving Serious Bodily Injury Charges

    If you are facing burglary charges involving serious bodily injury, your criminal defense attorney may be able to raise various defenses, such as:

    • Lack of evidence regarding the underlying crime – Burglary charges can be filed against a defendant when a person breaks and enters into another person’s building or structure with the intent to commit a felony or theft. If you did not “break and enter” or did not intend to commit a theft or felony, the prosecution cannot meet the burden of proof.
    • Lack of evidence regarding serious bodily injury – The prosecution may not be able to show that the defendant suffered a serious bodily injury. For example, there may not be adequate evidence to show serious permanent disfigurement, unconsciousness, extreme pain, the loss of a fetus, or a permanent or protracted loss or impairment of a bodily function.
    • Mistaken identity – Someone else could have committed the criminal offense that you are being charged with.

    Contact The Criminal Defense Team to Discuss Your Burglary Case

    If you are facing criminal charges that could result in up to 30 or 40 years, you need a skilled and experienced criminal defense attorney at The Criminal Defense Team who will zealously protect your rights. The Criminal Defense Team’s elite group of board-certified criminal trial specialists knows the laws that most directly affect your case and can develop a legal strategy tailored to your particular case. Contact us today to schedule a confidential consultation with an experienced Indianapolis criminal defense lawyer.