Under Ohio law, what distinguishes burglary from aggravated burglary?

Burglary and aggravated burglary are both criminal offenses related to unlawful entry into a structure, but they differ significantly in their context and the elements involved. Aggravated burglary involves additional circumstances that elevate the crime's severity, specifically the presence of a weapon or the intention to inflict physical harm.

The distinction you chose—focusing on the absence of a weapon—is critical in understanding the nature of these offenses. In Ohio, burglary is defined as entering a habitation or other structure with the intent to commit a crime inside, without any particular threatening factors. When the crime involves a weapon or the intent to harm someone, it is classified as aggravated burglary. This additional element of danger to a person elevates the seriousness of the crime and can lead to more severe penalties.

In this context, other options do not accurately capture the primary distinction. The presence of a weapon is a substantial factor in defining aggravated burglary, while deceit alone without any weapons or intentions of harm does not fulfill the criteria necessary for classification as aggravated burglary.