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Types of Burglary Charges in Illinois

June 8th, 2018 at 6:13 am

burglary charges, Class 2 felony, home invasion, residential burglary, Rolling Meadows criminal defense attorneysWhen someone thinks about burglary, he or she may think of a person breaking into a building, or home, to steal something valuable. While that is burglary, there are other instances in which a person can face burglary charges and not even realize it.

If you are facing charges for burglary in Illinois, it is imperative that you contact an attorney immediately. To be sure, a skilled lawyer can help protect your rights throughout each stage of the criminal process.

Types of Burglary in Illinois

The following includes various types of burglary charges in Illinois, all of which require the assistance of a skilled attorney.

Burglary

According to Illinois statute, burglary is committed when a person “knowingly enters or without authority remains within a building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft.” Burglary is considered a Class 2 felony in Illinois and carries a potential sentence of three to seven years.

Residential Burglary

Residential burglary is considered more serious than the burglary of a building or other structure. A residential burglary is similar to the definition of burglary, but residential burglary is entering the dwelling of another with the intent to commit a felony. For a residential burglary conviction, it must be proven beyond a reasonable doubt that a person intended to commit a felony. This is a Class 1 felony.

Home Invasion

Home invasion is very similar to a residential burglary. However, it is made more serious and is considered a Class X felony. A home invasion occurs when an individual enters the home of another and knows that the residents of the home are present. Additionally, one of the following factors must be present:

  • The defendant possesses a weapon;
  • The defendant fires a gun;
  • The defendant threatens to fire a gun;
  • The defendant assaults a resident or threatens force; or
  • The defendant sexual assaults a resident, or commits some other form of abuse.

Criminal Trespass

Criminal trespass involves an individual entering the property of another without authority, but without the intention to commit a felony. Criminal trespass can either be a Class A misdemeanor or Class 4 felony. It is a felony when the residents of the property are present at the property; it is a misdemeanor when the residents are not present.

Possession of Burglary Tools

Even possessing burglary tools in Illinois is a crime; it is a Class 4 felony. However, a person must also have the intent to commit a felony with said tools. There are several items that could be considered burglary tools; however, common ones include lock picking kits, a crow bar, explosives, or even just a screwdriver. The intent to commit the felony determines the possession of burglary tools charge.

Contact Us Today for Help

With all the potential burglary charges possible in Illinois, you need an attorney who is well versed in all of the possibilities. Our passionate Rolling Meadows criminal defense attorney at The Law Offices of Christopher M. Cosley can assist you throughout each step of your case. Contact us today to set up a consultation to find out how we can help you.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=62600000&SeqEnd=63400000

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-3

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Written by Staff Writer

June 8th, 2018 at 6:13 am

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