Is Theft from a Garage Burglary?

 Posted on December 12, 2018 in Theft

Burglary is a serious felony offense, regardless of the value of the property taken, unlike theft, which is often a misdemeanor crime if the value of the property taken was low. For example, stealing a bike would be considered a misdemeanor of petty theft if the value of the bike was only $300, as per Illinois statute 20 ILCS 5/16-1. If that same bike was stolen out of someone’s residential garage, the crime would automatically be upgraded to a felony. Why is this? Burglary is considered a crime of violence, and the offense is punishable as such.

Types of Buildings, Structures, and Vehicles that Involve Burglary

Burglary is defined as knowingly entering, or without authority remaining, in any of the following:

• Building;
• House trailer (such as an RV);
• Aircraft;
• Watercraft; or
• Motor vehicle.

The second element to burglary is that the defendant entered one of the above places or vehicles with the intent to commit any felony or any degree of theft. Examples of these felonies include arson, destruction of property, vandalism, assault, sexual assault, homicide, and more. Or, if any theft occurs or the defendant’s goal was to commit a theft, then burglary has occurred. As such, wandering into someone’s open garage to notify the owner that their car is being towed is not burglary. Breaking into their garage or entering it without permission to steal a bike or any other object is burglary.

Residential Burglary Is a Class 1 Felony

Committing burglary of a residential building, including a garage, is a Class 1 felony, punishable by four to 15 years in prison, as per Illinois 720 ILCS 5/19‑3.

Criminal Trespass Is a Class A Misdemeanor or a Class 4 Felony

Criminal trespass is a much lower level offense than burglary. The only elements that are different include that the defendant did not have any intention to commit, and did not commit, a felony or theft when the knowingly entered the residence of another person. Criminal trespass is a Class A misdemeanor, punishable by up to one year in jail if a defendant knowingly entered or remained in a residence (without intent to commit a felony or theft). If a defendant entered a residence and knew or had reason to believe that another person was in the residence, and the defendant remained in the home after knowing this, then the offense is raised to a Class 4 felony, punishable by one to three years in prison.

Reach Out to a Rolling Meadows Criminal Defense Attorney

Theft, burglary, and criminal trespass are all three very different crimes, with burglary being the most serious. If you have been charged with an offense, an attorney may be able to reduce the charges against you, have the charges dropped, fight for a fair plea deal, or take your case to court and win. Call the Rolling Meadows criminal defense attorneys at the Law Offices of Christopher M. Cosley today at 847-394-3200 to schedule a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1