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What Actions Can Lead to Home Invasion Charges in Illinois?

 Posted on August 14, 2020 in Violent Crimes

IL defense lawyerLaws are put in place throughout the United States to protect the safety and well-being of its citizens. Here in Illinois, property crimes are taken seriously, and they can result in significant punishments depending on the circumstances surrounding the incident. There are many different types of criminal offenses that are categorized as property crimes, such as vandalism, trespassing, burglary, robbery, and home invasion. Although it may seem like home invasion would just be entering a person’s home unannounced, it actually involved more than that and can result in serious consequences. That is why it is essential that anyone accused of this crime consults an experienced criminal defense attorney who can help defend against such charges.

Not All Illinois Property Crimes Are Alike

Like many other states, Illinois law separates the offense of home invasion from that of residential burglary. Burglary of a residence refers to the unlawful entry or remaining in the home of another person with intent to commit a theft or another felony crime. Although home invasion is a similar act, it involves a person entering a home that he or she knows or believes is currently occupied. For a home invasion to be charged, any of the following actions would apply:

  • Threatens or inflicts harm while in possession of a firearm or other weapon
  • Deliberately causes physical injury to an individual in the home
  • Fires a weapon that causes harm or death to a person in the residence
  • Commits rape, criminal sexual assault, or other sex crimes in the home

Under Illinois law, home invasion is charged as a Class X felony since it is considered a violent crime. If a person is convicted of this crime, he or she could face a mandatory minimum sentence of six to 30 years in prison and fines up to $25,000. It is important to note that a defendant is not eligible for probation after being convicted of a home invasion.

In some situations, it is possible for a person to be charged with home invasion for entering their own house. This can occur when one spouse has an order of protection issued against him or her and enters the house he or she used to share with the other spouse. This would be considered a violation of a court order and could result in home invasion charges depending on the details.

Possible Defenses to Home Invasion Charges

In order to secure a conviction for home invasion, the prosecution has to prove intent, which can be difficult. There are several potential defenses to this offense, which may include a lack of evidence, failure to establish specific and deliberate intent, and the suppression of illegally obtained evidence. For example, a defendant may not have known that someone was in the residence when he or she entered. A prosecutor may be challenged to prove otherwise.

In addition, improper police tactics may violate the accused individual’s rights to due process. In certain cases, the investigation conducted by police may contain errors. These procedural mistakes can weaken the prosecution’s case. The accuracy of a witness identification can also be challenged based on a number of factors, including line of sight, mental capacity, and more.

Contact a Chicago Criminal Defense Attorney

If you or someone you know is facing criminal charges for the crime of home invasion, you need legal representation to avoid a conviction. A skilled Cook County home invasion defense lawyer will build a strong defense on your behalf to lower or dismiss your charges altogether. At Luisi Legal Group, we have more than 15 years of legal experience, so we understand Illinois criminal laws and how intent plays a role in the prosecution’s case. Call our office today at 773-276-5541 to schedule your free consultation.



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