Facing a residential entry charge in Indiana can turn your life upside down. Many people charged with this offense didn’t intend to commit a crime, yet they suddenly find themselves staring at a felony and wondering how everything went wrong.

At the Marc Lopez Law Firm, we regularly help people who are shocked to learn that going into the wrong house, or stepping inside a residence after a breakup, can lead to criminal charges. If you’re in this position, you deserve clear information and a legal team that knows how to protect your future.

Here’s what you need to know.

What Is Residential Entry in Indiana?

Under Indiana Code 35-43-2-1.5, a person commits residential entry when they:

Knowingly or intentionally break and enter the dwelling of another person.

Key points:

• It must be a dwelling (house, apartment, or other residence).
  
• It must be someone else’s home.
• You must enter without permission.
• The State must prove you did it knowingly or intentionally.

Residential entry is a Level 6 felony, carrying:

• up to 2.5 years in prison
• a fine of up to $10,000

A Level 6 felony may be the lowest felony level, but a felony is still life-changing. That’s why understanding this charge, and the defenses available, is so important.

Residential Entry vs. Burglary: What’s the Difference?

Many people assume residential entry is the same as burglary. It isn’t.

Residential Entry (IC 35-43-2-1.5):

Breaking and entering into a dwelling. No additional criminal intent required beyond entering without permission.

Burglary (IC 35-43-2-1):

Breaking and entering with the intent to commit another felony inside.

That intent element is the critical difference.
Residential entry = entering the home.
Burglary = entering the home to commit another crime.

Common Real-Life Scenarios That Lead to Residential Entry Charges

Residential entry cases often come from situations where no criminal intent existed. Here are the patterns we see most often.

1. Entering the Wrong House After a Night Out

This is incredibly common. Someone is celebrating, drinking, or simply tired. They go to what they think is their home, climb the steps, try the door, maybe enter through an unlocked doorway, and suddenly they’re in a stranger’s living room.

The real homeowner comes downstairs shocked and afraid. Police arrive. Charges get filed.

Even though the person had no intent to break in, the action fits the statute.

Intoxication is not a legal defense in Indiana, but it can provide context when negotiating with the prosecutor.

2. Entering an Ex-Partner’s Home After a Breakup

Another common scenario involves breakups or arguments. Someone goes back to an ex’s apartment or home:

• The person used to live there.
• They used to have a key.
• They used to be welcome inside.

But “used to” doesn’t matter. Once permission has been revoked, entering the home, even for a few seconds, can meet the elements of residential entry.

Simply crossing the threshold is enough.

Standing outside banging on the door is not residential entry.
But once you step inside, the felony is complete.

The “Knowingly or Intentionally” Element

To convict you, the State must prove beyond a reasonable doubt that you entered:

• knowing the home was not yours, or
• intending to go inside without permission.

Your mindset matters.

This is where a criminal defense attorney is vital. Even though voluntary intoxication is not a defense, it may help explain:

• confusion
• mistaken address
• lack of intent
• misunderstanding between partners

These explanations don’t get a case dismissed automatically, but they can influence negotiations and outcomes.

Why a Level 6 Felony Is Still Serious

A felony conviction, any felony, can affect:

• your right to possess firearms (IC 35-47-4-5)
• employment opportunities
• housing applications
• professional licenses
• voting rights (during incarceration)

But because residential entry is a Level 6 felony, Indiana law offers more flexibility for reducing the long-term impact.

Alternate Misdemeanor Sentencing (AMS)

Under Indiana law, some defendants charged with Level 6 felonies can receive Alternate Misdemeanor Sentencing (often called AMS). This allows the felony to be treated as a misdemeanor, either immediately or at the end of probation.

There are two types of AMS:

Back-End AMS

You are technically a felon during your probation.
If you complete probation with no violations, the judge can convert the felony to a Class A misdemeanor.

Front-End AMS

The court converts the felony to a misdemeanor at sentencing, meaning you’re never considered a convicted felon.

Eligibility

You generally qualify if:

• you have no recent felony history, and
• you have not received AMS within the past two years

AMS can make a huge difference in your future, but you need a criminal defense attorney who knows how to secure it.

What You Should Never Do After Being Accused of Residential Entry

Too many cases get worse because people try to “explain” things to police or the alleged victim. Here is what NOT to do.

1. Do Not Talk to Police

Officers may seem friendly. They may act like they’re trying to “get your side.” They are not. Anything you say becomes evidence. Residential entry cases often hinge on statements people mistakenly give during stress.

Your line should always be:

“I plead the Fifth.”

2. Do Not Contact the Alleged Victim

Even if you believe it’s a misunderstanding. Even if you think you can explain your way out of it. Even if you need your belongings.

In many cases, a no-contact order will be issued. Violating it can lead to:

• Invasion of Privacy charges (IC 35-46-1-15.1)

• arrest
• worse plea offers

Your attorney can request a property retrieval or coordinate a lawful solution.

3. Do Not Wait to Hire a Criminal Defense Attorney

A criminal defense attorney can:

• negotiate with prosecutors
• prevent felony convictions
• argue for AMS
• explain your intent (or lack of intent)
• work to get the case dismissed
• keep you out of jail
• prevent long-term consequences

The earlier you hire a lawyer, the better your outcome usually is.

This is not a charge you handle alone.

Charged With Residential Entry in Indiana? You Have Options.

If you’re accused of residential entry, you may feel embarrassed, overwhelmed, or confused. Many clients at the Marc Lopez Law Firm come to us believing their case is hopeless. It isn’t.

We know the law.
We know the courts.
We know how to explain honest mistakes and misunderstandings.
And we know how to fight for outcomes that protect your future.

Call the Marc Lopez Law Firm today at 317-632-3642 for a confidential consultation.

And remember: always plead the Fifth.