What Is the Difference Between Burglary and Home Invasion?

 Posted on November 15, 2024 in Theft

Burglary and home invasion are two very serious crimes in Illinois punishable with prison time and hefty fines. Although they both involve unlawful entry, they each have significant differences. It is important to understand these differences if you or someone you know is facing a burglary or home invasion charge. If you have questions about these two offenses and how charges can affect you, speak with an Illinois criminal defense attorney.

What Is Burglary?

Burglary is when a person breaks into someone else’s property with the intent to commit theft or any kind of felony. This offense contains two elements:

• There must be unlawful entry to someone’s property, whether it be a house, car, boat, train, plane, trailer, or building.
• There must be intent to commit a felony.

Violence is not a requirement for burglary, and neither is actual theft. A person can enter a property peacefully and not damage any property, but as long as he or she has no authorization to enter and has intent to conduct criminal activity, it is considered burglary.

At a minimum, burglary is a Class 3 felony which carries between two and five years in prison and fines up to $25,000. If damage was caused to the property, it is a Class 2 felony which carries three to seven years in prison and up to $25,000 in fines. If the burglary was committed in a school or a place of worship, it is a Class 1 felony which carries four to fifteen years in prison and fines up to $25,000.

What Is Home Invasion?

Home invasion is a more serious offense than burglary. It is when a person unlawfully enters someone’s property knowing people are present and:

• Uses force or threatens to use force while armed with a weapon
• Intentionally causes an injury
• Discharges a firearm that causes harm

Home invasion is a Class X felony, punishable with six to 30 years in prison and a fine of up to $100,000. Depending on whether the property was a school or place of worship and what the defendant did on the property, he or she may receive up to life in prison.

What Is the Difference Between Home Invasion and Burglary?

According to the law’s definitions of the offenses, there are three key differences between home invasion and burglary:

• Violence or the threat of violence is a necessary element to home invasion, but not to burglary.
• Home invasion requires the presence of people on the property or for the offender to at least have reason to believe there are people on the property.
• A person can be charged with burglary for only intending to commit a crime, whereas home invasion requires the offender to take some action.

Contact a Cook County, IL Home Invasion Defense Attorney

Burglary and home invasion are offenses that Illinois law treats harshly. If you are facing either charge, make sure you retain the best legal representation possible by contacting Luisi Legal Group. Attorney Vincent Luisi is known as a skilled litigator and has defended clients for over 16 years. Call 773-276-5541 now to schedule a free consultation with a Chicago, IL burglary defense lawyer today.