Is this considered aggravated burglary?

Full question:

My son was arrested for aggravated burglary. He had no weapons nor was he trying to cause harm to anyone. His ex girlfriend had his stereo and told him to come and get it. He went to get it but she wasn't going to give it to him so he went in through an open window and got it. Is this considered aggravated burglary? Or should it be considered breaking and entering?

• Category: Criminal
• Subcategory: Burglary
• Date: 04/07/2025
• State: Ohio

Answer:

The following is an Ohio statute:

2911.11 Aggravated burglary.

(A) No person, by force, stealth, or deception, shall trespass in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense, if any of the following apply:

 

 

(1) The offender inflicts, or attempts or threatens to inflict physical harm on another;

 

 

(2) The offender has a deadly weapon or dangerous ordnance on or about the offender’s person or under the offender’s control.

 

 

(B) Whoever violates this section is guilty of aggravated burglary, a felony of the first degree.

 

 

(C) As used in this section:

 

 

(1) “Occupied structure” has the same meaning as in section 2909.01 of the Revised Code.

 

 

(2) “Deadly weapon” and “dangerous ordnance” have the same meanings as in section 2923.11 of the Revised Code.