What Penalties Do I Face for Burglary with Serious Bodily Injury in Indiana?

Posted on September 22, 2025
  • Criminal Defense

    • Serious bodily injury is defined by Indiana law as bodily injury that creates a substantial risk of death or causes serious permanent disfigurement, unconsciousness, extreme pain, permanent or protracted loss or impairment of the function of a bodily member or organ, or the loss of a fetus. Due to the serious injury involved, this crime is punished much more harshly than burglary with no injury or a minor injury. 

    If you are facing burglary with serious bodily injury charges, an experienced Indianapolis criminal attorney from The Criminal Defense Team can review the charges against you and explain the penalties you may be facing.,

    Serious Bodily Injury vs Bodily Injury in Burglary Cases

    Burglary is a base-level offense of a Level 5 felony when someone breaks and enters into a building or structure of another person with the intent to commit a felony or theft in it. 

    If the act caused bodily injury to anyone other than the defendant, it is classified as a Level 3 felony.  Indiana law defines bodily injury as any impairment of physical condition, including physical pain.

    If the crime causes serious bodily injury, it is elevated to a Level 2 felony. This offense can be charged when any of the following occur:

    • A substantial risk of death: This is any injury that could realistically lead to death.
    • Serious permanent disfigurement: This is any lasting and significant change to someone’s appearance.
    • Unconsciousness: Unconsciousness is a temporary or prolonged loss of awareness.
    • Extreme pain: Extreme pain is an overwhelming level of pain. 
    • Permanent or protracted loss or impairment of the function of a bodily member or organ: This is damage to an organ, resulting in loss of function.
    • The loss of a fetus: This can occur when a pregnant person is injured and loses the pregnancy.

    Potential Penalties for Burglary

    Depending on how a person is charged, the potential penalties for a burglary conviction could include:

    • Level 5 felony (no injury): One to six years in prison
    • Level 3 felony (bodily injury): Three to sixteen years in prison
    • Level 2 felony (serious bodily injury): Ten to thirty years in prison 

    In addition to significant prison time, you can also be fined up to $10,000. 

    Because there is a wide range in the possible term of imprisonment you can face, it’s vital that you understand the factors that can affect sentencing. The judge can consider factors that increase the penalty, such as:

    • A previous history of violent offenses
    • The seriousness of the injury
    • The victim being younger than 12 or older than 65
    • The victim was in the care, custody, or control of the defendant
    • The offense was violent and committed in front of a minor

    Factors that can influence a lighter sentence include:

    • The harm was not significant (for example, unconsciousness may warrant a lighter sentence than one causing permanent impairment)
    • The victim aided in the commission of the offense 
    • The defendant is likely to positively respond to a lesser term of imprisonment
    • The defendant’s attitude and character indicate that they are unlikely to reoffend 

    Your criminal defense lawyer can argue the factors that weigh in favor of a lighter sentence or try to prevent a conviction from occurring in the first place. 

    Contact The Burglary Defense Lawyers from Our Law Firm 

    An experienced attorney from The Criminal Defense Team can assess the charges against you and develop an effective defense strategy. Contact us today for a confidential case review.