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Archive for the ‘burglary’ Category

The Differences Between Theft, Robbery, and Burglary in Illinois

July 24th, 2019 at 10:10 am

IL defense lawyer, Illinois criminal defense attorney, Many people use the terms theft, robbery, and burglary when referring to theft crimes. While these crimes do have similarities, they also have their differences. Of these, the most significant are the penalties you will face if charged. Due to this, it is important you understand the differences between these different crimes.

Theft

The Illinois Criminal Code of 2012 defines three circumstances that could constitute theft. These include:

  • Unlawfully taking property that belongs to another person;
  • Taking property from another person through deception or threats; and
  • Gaining control of property you know is stolen,

Theft is classified as either a misdemeanor or a felony. If the property stolen was valued at $300 or less, and was not taken from someone’s person, it is a Class A misdemeanor. If convicted, those charged face up to one year in jail and a maximum fine of $2,500.

When the property stolen is worth less than $300, but it was stolen directly from someone’s person, the crime is upgraded to a Class 3 felony. Theft is also charged as a Class 3 felony when the property stolen is worth between $300 and $10,000. This charge carries sentences of up to five years in state prison and a maximum fine of $25,000.

Theft of property valued between $10,000 and $100,000 is a Class 2 felony. The maximum sentence, if convicted, is a maximum of seven years in prison and a fine of $25,000. When the property stolen is worth more than $100,000, the crime is a Class 1 felony. A conviction can result in a maximum of 15 years in prison and a fine of $25,000.

Robbery

Robbery is a very similar crime to theft. It also involves taking property from a person. The difference with a robbery charge is that this crime also involves the use of force or the threat of force.

A robbery charge is upgraded to aggravated robbery when a person indicates to the victim, either verbally or non verbally, that they have a firearm. For example, if someone stole another person’s wallet while showing them a gun in their jacket, that is aggravated robbery.

Most robberies are charged as a Class 2 felony. If convicted, this charge carries a penalty of up to seven years in prison and a maximum fine of $25,000.

If the victim is older than 60 years old or has a disability, the crime is considered a Class 1 felony. Aggravated robbery is also charged as a Class 1 felony. Possible penalties include up to 15 years in prison and a maximum fine of $25,000.

Burglary

When people think of the term burglary, they typically think of a crime that involves some type of theft. That is not always necessarily the case, however.

According to 720 ILCS 5/19-1, burglary occurs when a person unlawfully enters a building with the intent to commit a felony or theft. If a person entered a building without permission with the intent to commit sexual assault, that would be considered burglary.

Burglary is always considered a felony and can be charged as a Class 3 to a Class 1 felony. If convicted, a person faces a possible five to 15 years in prison.

Call a Rolling Meadows Criminal Defense Lawyer that Can Help

Although theft, robbery, and burglary are all different crimes, they share one similarity. If convicted of any one of them, you could face serious jail time. If you have been charged with any of these crimes, call our skilled Rolling Meadows criminal defense attorneys for help. At the Law Offices of Christopher M. Cosley, we will help you understand the charges you are facing, and try to get them reduced or dropped altogether. Call us today at 847-394-3200 or contact us online for your free consultation.

 

Sources:

https://www2.illinois.gov/osad/Publications/DigestbyChapter/CH%2049%20Theft.pdf

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-1

 

When Does Burglary Become a Serious Felony?

April 18th, 2019 at 8:32 pm

Illinois defense lawyer, Illinois theft lawsRecently, thieves broke into a Lincoln Park bike shop. It is estimated that approximately $20,000 in merchandise was stolen. It was also the second time in the same month the shop was targeted. Police do not yet have anyone in custody for this latest crime that seems to be part of a rash of burglaries in the same neighborhood.

Some may consider this burglary, while others may consider the value of the goods stolen and think it is a burglary, but one with a more serious charge. The confusion begs the question, when does burglary become a serious felony in Illinois?

The Crime of Burglary in Illinois

Under Illinois law, burglary is defined as the act of entering a structure illegally with the intent to steal property or commit another serious felony. Normally, burglary is charged as a Class 2 felony, regardless of the amount of goods stolen. This means that the crime is always a felony.

Felonies are always considered more serious than misdemeanor crimes. The penalties for burglary in Illinois are severe, with those convicted facing anywhere from three to seven years, depending on the case. However, there are circumstances that can make felonies even more serious and increase the charge to a Class 1 felony.

When Burglary Becomes a Serious Felony

According to the legal statute, there are many structures that could amount to a burglary charge if someone breaks into them. Sheds, vehicles, aircraft, watercraft, and railroad cars are just a few of the structures outlined in the law. These would all fall under the category of Class 2 felonies, the lesser charge for burglary.

Certain structures can make a burglary a Class 1 felony, though. These include schools, daycares, or other child care centers. When these structures are broken into, the charge of burglary will increase and so too, will the penalties. The sentences for this crime if convicted is a maximum prison term of 15 years.

Other Factors Leading to Serious Felony Charges

In addition to defining the type of structure that was broken into, the prosecution will also take other factors into consideration. For example, if tools were used during the burglary, this can also lead to serious felony charges.

Considering that the thieves in the Lincoln Park bike shop case cut through the locks on the doors as well as the locks securing the stolen bikes in the store, it is reasonable to think they had these tools that will increase their charge if caught.

Those Charged Need the Help of a Burglary Lawyer in Rolling Meadows

Facing a charge of even a Class 2 felony has serious consequences. Those penalties become even more serious when the charge is increased. Anyone facing these accusations must speak to a dedicated Rolling Meadows burglary lawyer for help. If you have been charged with burglary, regardless of whether it is considered a Class 1 or Class 2 felony, contact the Law Offices of Christopher M. Cosley today at 847-394-3200. There is a possibility that you could have your charges reduced, and we can provide you the strong defense you need. We also offer free consultations, so call today and we will begin discussing your case.

 

Sources:

https://abc7chicago.com/$20k-in-merchandise-stolen-from-lincoln-park-bicycle-shop/5144942/

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-1

Are Porch Pirates Burglars?

March 14th, 2019 at 1:47 am

IL defense lawyerThe holidays are over, but that has not stopped porch pirates from scooping up items left on porches. In a recent case, a porch pirate was caught on a security camera stealing a unicorn from the porch of a Wicker Park home in the early morning hours. Unlike most porch pirates heard of in the news, the unicorn was not a package delivered by a postal service or courier. Instead, a two-year-old living in the home had simply left it on the porch.

This type of crime is clearly against the law. However, this is one area of law that is not as clear as others. Are porch pirates considered burglars in the eyes of the law? Or, are they charged with another crime, such as petty theft?

Definition of Burglary in Rolling Meadows

According to 720 ILCS 5/19-3, residential burglary in Illinois is defined as when a person enters a dwelling, or any part thereof, without permission with the intent to steal another person’s property. The statute also states that anyone convicted of residential burglary is guilty of a Class 1 felony. In Illinois, a conviction of residential burglary can carry sentences of four to fifteen years in prison.

That penalty may seem harsh for porch pirates, particularly those charged with stealing something as small as a stuffed animal, as in this most recent case. However, due to the language of the statute and that it includes the phrase, “or any part thereof,” it is possible that porch pirates could be charged with residential burglary.

Definition of Petty Theft in Rolling Meadows

Law enforcement and the state prosecution both understand that residential burglary is often a harsh sentence for those that did not really break into a home and steal property. It is for this reason that some, including those charged with smaller thefts, are sometimes charged with the lesser charge of petty theft.

Petty theft, according to 720 ILCS 5/16-0.1, is the theft of property with a value of $500 or less. This is considered a Class A misdemeanor. If convicted, those charged could face up to one year in county jail and up to $2,500 in fines. Most often, those charged with smaller thefts will face this charge if they did not actually steal from the victim’s person, and the value of property stolen was less than $500.

This is also true in the case of porch pirates, including the latest story involving the man that stole the toy unicorn. While law enforcement has not caught or charged the person, a police report was filed for petty theft in the amount less than $500.

Get the Proper Defense with a Rolling Meadows Theft Lawyer

While petty theft is a much lesser charge than residential burglary, those convicted will still face jail time and high fines. Even more, they will have a criminal record that will follow them around for the rest of their lives and prevent them from gaining housing, employment, and other opportunities. It is for this reason that anyone charged with petty theft should contact a skilled Rolling Meadows criminal defense lawyer for help. If you have been charged with any type of theft in Rolling Meadows, call the Law Offices of Christopher M. Cosley at 847-394-3200. We understand Illinois law and will use it to prepare a defense that can get your charges reduced, or dismissed altogether. Contact us today for your free consultation so we can begin working on your case.

 

Sources:

https://chicago.suntimes.com/news/porch-pirate-unicorn-wicker-park-video-my-little-pony/

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+16&ActID=1876&ChapterID=53&SeqStart=36600000&SeqEnd=41200000

There Are Defenses to Burglary in Illinois

February 26th, 2019 at 5:53 pm

Illinois defense lawyerRecently, burglaries occurred on the same day at two different businesses in Chicago. As of this writing, the police had not yet released much information, including whether or not the two incidents are related. They had released basic information about the suspects and are asking for the public’s help in finding them.

Facing burglary charges is extremely difficult, and may seem like a hopeless situation. It is not. A burglary lawyer in Rolling Meadows can help those accused build a strong defense and retain their freedom.

Elements of Burglary in Rolling Meadows

According to 720 ILCS 5/19-1, a person commits burglary when they enter into a building or structure without the permission of the owner or occupier. In order for burglary charges to apply, this breaking and entering must be done with the intent to commit a crime.

The prosecution must prove, beyond a reasonable doubt, that all three elements of the crime existed in order for a court to convict those accused. Refuting these elements will be a strong defense to any case, as this will create reasonable doubt in the minds of a judge or jury.

Defenses to Burglary in Rolling Meadows

Claiming innocence is a very common defense used against burglary charges. Defenses that include strong alibis, a lack of forensic evidence, and no eyewitnesses can all help build a strong defense of innocence.

While a situation may look bad, and like someone is committing a crime, that is not always the case. Someone may have permission to enter a building and therefore, there is no unlawful entering. Even when the owner or occupant has not given explicit consent, if the defendant believed they had permission to enter the building, this can provide a very strong defense.

In order for burglary to occur, a person has to have the intention to commit a crime, even if they have entered a building or structure unlawfully. It is for this reason that defenses such as voluntary intoxication are often very successful in burglary cases. A person cannot be convicted of burglary as long as they were simply too intoxicated, but had no intention to commit a crime.

Entrapment is a very challenging defense to prove, but it is still sometimes used. If someone encouraged the defendant to commit a crime when they otherwise would not have, they cannot be convicted of burglary. There needs to be evidence that the defendant tried to refuse, but was eventually convinced.

Contact a Rolling Meadows Burglary Lawyer for the Best Defense

Many defenses for burglary charges exist, but those accused should not try to argue them on their own. A skilled Rolling Meadows criminal defense lawyer can build a much stronger case based on evidence and refuting the prosecution’s case. If you have been charged with burglary and you need the best defense, contact the Law Offices of Christopher M. Cosley at 847-394-3200. We are dedicated to defending your freedom and will aggressively explore defense strategies with you. We offer free initial consultations, so call today and we will start reviewing your case.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-1

https://chicago.suntimes.com/news/burglaries-reported-at-2-ravenswood-businesses-police/

Is Breaking into a Car Burglary?

February 19th, 2019 at 5:37 pm

Illinois defense lawyerTwo individuals were recently arrested for multiple burglary charges in the area of 95th Street and Book Road in the Northwest Side. Naperville police say the pair first burglarized a home and then continued to steal from multiple vehicles. Both are facing felony charges, and it raises the question of whether or not vehicle burglary is a felony, or if these charges pertain only to the home they are suspected of breaking into.

Burglary and Illinois Law

According to 720 ILCS 5/19-1, burglary is defined as when a person without permission enters a “building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof with the intent to commit a felony or theft.”

The same statute also states that any violation of this law is considered a Class 3 felony. Under this law, if convicted, the two individuals mentioned above will face felony charges, possibly one for each vehicle entered.

The law does not distinguish locked vehicles from unlocked vehicles. This means even if there was no actual “breaking” into the vehicle, a person could still face vehicle burglary charges. However, the prosecution would have to prove that the defendant broke into the vehicle with the intention to steal or commit a felony.

Criminal Trespass to a Vehicle

A charge that is often associated with vehicle burglary is criminal trespass to a vehicle, outlined in 720 ILCS 5/21-2. Under this law, anyone that enters into a vehicle and operates it is also guilty of a crime. This law includes any type of vehicle including aircraft, watercraft, and snowmobiles.

This law is not part of Illinois’ burglary laws but instead, the state’s trespassing laws. Although still against the law, this crime is considered a Class A misdemeanor, which is a much lesser charge than the felony charge individuals will face with burglary charges.

Defenses to Vehicle Burglary

Many of the defenses used in burglary cases could also apply to vehicle burglary cases. For example, if an individual had permission to enter the vehicle, or even thought they had permission to enter it, they could be found innocent of vehicle burglary.

A person can very easily enter into a vehicle thinking it was theirs. This is one defense that is used often in vehicle burglary cases, but not in cases involving other types of burglary. Many people drive the same make and model of car, and if a person believes the car to be their own, they may mistakenly get in. This would not constitute vehicle burglary.

Call a Rolling Meadows Vehicle Burglary Lawyer that Can Help

Facing any type of burglary charges can be very stressful and traumatic. Felony charges are very serious and can result in high fines and several years in prison if convicted. However, a dedicated Rolling Meadows criminal defense attorney can help get charges dropped or reduced to a lesser charge. If you have been charged with burglary or vehicle burglary, contact the Law Offices of Christopher M. Cosley at 847-394-3200. We will review your case with you and discuss the many options you may have for a defense. We offer a free initial consultation so do not wait another minute. Let us start fighting for your freedom today.

 

Sources:

https://chicago.suntimes.com/crime/2-chicagoans-charged-with-naperville-residential-vehicle-burglaries/

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-1

Is Theft from a Garage Burglary?

December 12th, 2018 at 2:15 pm

IL defense lawyerBurglary 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

How to Fight a Burglary Charge in Illinois

August 6th, 2018 at 4:55 pm

burglary, burglary charge, Rolling Meadows criminal defense attorneys, theft charge, burglary defenseFacing any criminal charge can be alarming and frightening. Most crimes are made up of different elements, levels, and a number of other factors that can be confusing. Burglary is no exception. In Illinois, there is more than one type of burglary. Depending on the circumstances surrounding the alleged crime, a defendant could be charged with a Class 1 felony, which is the most severe type of felony possible for a burglary charge. Since a charge can be so serious, it is imperative to have an attorney who can provide the best defense possible. There are many strategies and defenses that can be employed to fight a burglary charge, as described in detail below.  

You Have an Alibi

One of the strongest defenses to burglary available is that you simply were not around to do it. Being able to prove your whereabouts, beyond just you saying you were not there to commit the crime, is a strong device. In order to establish an alibi, any number of things can be proved to show the defendant was doing something else at the time of the crime — video tape, cell phone records, credit card receipts, or even witness testimony.

There is No Proof

A strategy that is often effective in criminal cases is attacking every piece of evidence that the prosecutor is presenting to prove a defendant’s guilt. Poking holes in the credibility of the evidence, proving that police work or searches were illegal, and otherwise proving that evidence is lacking and insufficient can result in a not guilty finding.

Often times, properties will have surveillance cameras to monitor what is going on within a building. This footage, however, is not always of the highest quality. A grainy video surveillance system could provide doubt that it is the defendant that is the one committing the crime.

You Were Authorized to Enter the Property

There is a big distinction between burglary and theft. Burglary requires that a person entered the property of another with the intent to commit a crime. They must also not have the permission to enter. Theft, on the other hand, involves the taking of property from a place or dwelling that the defendant is allowed to be in. Therefore, if a defendant can prove that they had permission to enter a property, burglary is not an appropriate charge. While a burglary charge may be avoided, there is still the possibility for a theft charge.

Contact Us Today for Help

If you have been charged with burglary, you need an attorney who has the strategy and capabilities to fight your case with fervor. The passionate Rolling Meadows criminal defense attorneys at the Law Offices of Christopher M. Cosley are here to help you. We understand that a criminal charge can have devastating effects on one’s life. Therefore, you need an attorney you can trust to obtain the best result possible. Contact us today for a consultation.

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=072000050K16-1

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

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

Home Invasion: An Illinois Crime Commonly Charged in Connection With Burglary

December 19th, 2017 at 9:02 am

burglary, home invasion, Illinois crime, residential burglary, aggravated batteryEarlier this month, a 56-year-old man was sentenced by Illinois Judge Thomas Berglund to serve 30 years in prison in connection with a home invasion that the offender confessed to committing earlier this year, reports The Register-Mail.

Reportedly, the homes invasion took place last spring when the offender entered the home of an 83-year-old man and hit the resident over the head with a metal desk lamp. The elderly victim suffered great bodily harm and was discovered by a neighbor two days after the incident occurred.

After admitting that this was in fact the course of events that took place, a negotiated plea agreement was reached in which two other charges (residential burglary and aggravated battery causing harm to someone over 60 years of age) were dismissed and the prosecution continued ahead with the home invasion charge for which the offender is now serving time.

The Crime of Home Invasion Under Illinois Law

Home invasion is a criminal offense that often goes hand in hand with burglary in Illinois. Under Illinois law, a burglary is committed when an individual remains in or enters a building or a vehicle which he or she does not have permission to enter or remain in with the intent to commit theft or a felony therein. However, if a burglar enters a dwelling and causes injury or threatens the use of force against someone therein, then he or she may have also committed the crime of home invasion.

Under section 720 ILCS 5/19-6 of the Illinois Compiled Statutes, the crime of home invasion is committed when a person (who is not a police officer doing their job) knowingly and without the authority to do so enters or remains in the dwelling of another while knowing, or having reason to know, that someone is in the dwelling and:

  • Has a dangerous weapon (that is not a firearm) that they use or threaten to against any person(s) present in the dwelling,
  • Intentionally injures any person(s) present in the dwelling,
  • Is armed with a firearm, uses or threatens force upon any person(s) present in the dwelling,
  • Uses or threatens to use force upon any person(s) present in the dwelling while personally discharging a firearm,
  • Personally discharges a firearm that causes permanent disability, great bodily harm, permanent disfigurement, or death to someone within the dwelling, or
  • Commits criminal sexual assault or criminal sexual abuse against any person(s) present in the dwelling.

However, it should be noted that under Illinois law anyone charged with the crime of home invasion has an affirmative defense if he or she immediately surrendered or left the premises upon realizing that one or more people were present in the dwelling that the alleged offender unlawfully entered or remained in.

Let Us Help You with Your Case

If you have been charged with home invasion in Illinois be sure to contact the Law Offices of Christopher M. Cosley today. Under Illinois law home invasion is an extremely serious offense. In fact, home invasion is a Class X felony that carries a mandatory minimum prison sentence of 6 to 30 years. To discuss your legal options with an experienced Rolling Meadows criminal defense lawyer, contact our office today.

Source:

http://www.galesburg.com/news/20171211/burlington-man-receives-maximum-in-home-invasion-beating

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