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Archive for the ‘burglary defense’ tag

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

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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