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FAQs About Burglary Tool Possession in Illinois

January 17th, 2018 at 9:32 am

burglary charge, burglary defense, burglary tool possession, Rolling Meadows criminal defense lawyer, unlawful possessionDid you know that possessing burglary tools is illegal in Illinois? This may come as a shock but burglary tool possession is a serious criminal offense that can be charged as a Class 4 felony in Illinois. However, burglary tool possession is one of those crimes that is rarely talked about and is frequently misunderstood. In order to clear up some of this confusion, a few frequently asked questions about burglary tool possession have been answered below in accordance with Illinois law.   

Q: What does it mean to illegally possess burglary tools?

A: Under code section 720 ILCS 5/19-2, a person commits the crime of unlawfully possessing burglary tools when he or she possess a tool, instrument, key, explosive, or device that can be used to break into a building (or a watercraft, house trailer, auto, railroad car, aircraft, or any structure designed to keep property safe) with the intent to enter and commit a felony or theft there within.

Q: How can I defend myself against a charge of possession of burglary tools?

A: If you have been charged with possession of burglary tools in Illinois, then the first step you should take when mounting your defense is to consult with a local criminal defense lawyer. An experienced lawyer will be able to evaluate the facts of your case and advise you about how to best proceed. If you choose to retain a lawyer,  he or she will likely argue on your behalf that you did not intent to commit a felony or theft once inside and that you were in possession of the tools at issue for a lawful purpose. However, it is important to note that your defense must be tailored to suit the facts of your case and that this is just an example of one commonly argued defense.  

Q: What is the punishment for being caught in possession of burglary tools?

A: In Illinois, being caught in possession of burglary tool is a Class 4 felony offense that is punishable by up to three years in prison and payment of a fine of up to $25,000. However, it is also possible that the offender may be sentenced to probation in lieu of serving time in prison. Therefore, anyone who has been accused of possessing burglary tools should talk with a local criminal defense lawyer without delay about how to best defend themselves and avoid serving time in prison if at all possible.

Q: I was charged with sale of burglary tools rather than possession of burglary tools, what does that mean?

A: The unlawful sale of burglary tools is a closely related crime to the unlawful possession of burglary tools; however, this crime is committed in Illinois when a person knowingly sells or transfers a key or lock pick that is designed or altered to be used for breaking into a building (or a watercraft, house trailer, auto, railroad car, aircraft, or any structure designed to keep property safe). Just like the unlawful possession of burglary tools, the unlawful sale of burglary tools also constitutes a Class 4 felony offense.

Need Legal Advice? Contact a Local Criminal Defense Lawyer

If you have been charged with a burglary-related crime in Illinois, contact the Law Offices of Christopher M. Cosley today. Attorney Cosley is a highly regarded Rolling Meadows criminal defense lawyer who defends clients against a wide range of criminal charges across Illinois.

Source:

http://www.ilga.gov/legislation/ilcs/documents/072000050K19-2.htm

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Written by Staff Writer

January 17th, 2018 at 9:32 am

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