Defending Against Burglary Charges in Illinois

 Posted on May 10,2021 in Theft

Burglary is commonly thought of as being synonymous with theft, but its legal definition is significantly more complicated. If you have been charged with a form of burglary in Illinois, it is crucial that you understand what you have been accused of and the severity of the possible penalties you may face. An experienced attorney can not only ensure that you are well-informed but can also provide you with the defense you need to protect your rights.

What Is Burglary?

According to Illinois law, burglary at its most basic is defined as unlawfully entering or staying in someone else’s property with the intention of committing a crime of theft or any felony offense. Burglary can happen in buildings and various types of vehicles, including cars, trucks, boats, aircraft, and railroad cars.

• Burglary charges can significantly range in severity depending on factors including the location, the presence of other people, and the damage done. For example:
• Burglary in a vehicle without causing damage is the least serious burglary charge, a Class 3 felony with up to five years in prison.
• Burglary in a building, as well as burglary causing damage to a vehicle, are Class 2 felonies with up to seven years in prison.
• Burglary in a school, daycare facility, or place of worship is a Class 1 felony. Burglary in a home is specifically known as residential burglary, and it is also a Class 1 felony. A conviction can result in up to 15 years in prison.
• Residential burglary that takes place when the perpetrator knows that people are present, and when the perpetrator injures a person or uses or threatens force with a dangerous weapon, is known as the offense of home invasion. This is a Class X felony with a prison sentence of up to 30 years, which can be extended based on the specific circumstances.

Defense Strategies for Burglary Charges

Given the range of possible charges for burglary and related offenses, an experienced attorney may be able to help you reduce the charges or avoid conviction entirely. For example, if you are charged with home invasion, your charges may be reduced to residential burglary if you can demonstrate that you surrendered immediately upon realizing that people were in the home. If you are charged with burglary or residential burglary, your charges may be reduced to criminal trespass if you can demonstrate that you had no intention of committing a felony or theft. In a case of mistaken identity, your attorney may be able to help you avoid conviction by providing a strong alibi.

Contact a Chicago Burglary Defense Attorney

If you are facing burglary or home invasion charges, the attorneys at Luisi Legal Group will thoroughly review your case to determine the best possible defense strategy, and we will represent you in court to help you avoid excessive or unnecessary punishment. For a free consultation with a Cook County criminal defense lawyer, contact our office today at 773-276-5541.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+19&ActID=1876&ChapterID=0&SeqStart=63000000&SeqEnd=63800000