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Archive for the ‘felony’ tag

Aggravated Battery of a Child

December 28th, 2018 at 2:22 pm

IL defense attorneyThe death of a three-month-old baby led to the recent arrest of a Marion, Illinois man. The man was arrested for battery to a child, domestic battery, and aggravated battery. Police responded to a female caller who said that her child was being abused. The mother took her baby to the Heartland Regional Medical Center before police showed up, but the baby died of his injuries, allegedly inflicted by the man arrested for the crime. As of this writing, it is not known whether the man had any relation to the baby, or what his relationship is to the woman who called the police. However, the crimes that he was taken in on are serious felonies, as evidenced by his $1 million jail bond.

Aggravated Battery of a Child Is a Felony

Under Illinois statute 720 ILCS 5/12-3.05(b), aggravated battery of a child is defined as follows:

  • Knowingly causing serious bodily injury, disfigurement, or disability; or
  • Knowingly causing bodily harm, disfigurement, or disability;

And:

  • The act of injury the child was unjustified;
  • The defendant is 18 years of age or older; and
  • The victim is under 13 years old.

Aggravated battery of a child is a Class X felony in Illinois, which carries a prison sentence of six to 30 years. However, additional years may be applied in the following circumstances:

  • If the defendant was armed with a firearm while committing the crime, 15 additional years can be added to the sentence for a total of 45 maximum years;
  • If the defendant fired a gun while committing the crime, 20 additional years can be added to the sentence for a total of 50 maximum years behind bars; and
  • If the defendant fired a gun and caused great bodily harm, disability, death, or permanent disfigurement to anyone, 25 additional years can be added to the sentence for a total maximum of 55 years in prison.

Aggravated Battery of an Unborn Child

Aggravated battery of an unborn child is a Class 2 felony under Illinois 720 ILCS 5/12-3.1(a-5). If a fetus is injured, disabled, or disfigured due to the battery of the mother, this offense can be added to the offense against the mother. Often it is a more serious crime to cause injury to an unborn fetus than it is to cause harm to another person. However, committing aggravated battery to a pregnant woman is also a Class 2 felony, punishable by three to seven years. As such, it is not uncommon for a defendant who has caused injuries to an unborn child to be charged with two Class 2 felonies, totaling 14 years, and more for an extended term.

Contact a Cook County Attorney for Help Today

Whether you are charged with battery, aggravated domestic battery, battery to a child, or any other crime of violence, you need to contact a Cook County attorney. Call the dedicated Rolling Meadows criminal defense attorneys at the Law Offices of Christopher M. Cosley at 847-394-3200 to schedule a free consultation.

 

Source:

https://www.bnd.com/news/local/crime/article222258500.html

Robbery and Aggravated Robbery

November 21st, 2018 at 1:44 pm

robberyA man wearing a Teenage Ninja Turtles mask pulled his car up to the window of a drive-through pharmacy in Shiloh, Illinois and demanded a detailed list of prescription medications. He gave the pharmacist a note with instructions and said that if the pharmacist did not obey, force would be used and that there were other accomplices involved. However, before the man was delivered the medications, he drove off. Since he did not actually take anything, did a robbery occur? The short answer is yes. He can be charged with robbery, but not with theft.

You Do Not Have to Steal Anything in Order to Be Charged with Robbery

The offense of robbery is different than theft in that theft requires that something be unknowingly taken or attempted to be taken from the victim. The value of the property taken determines the level of the crime. Robbery, on the other hand, is a crime of violence and the value of goods taken or attempted to be taken has nothing to do with the level of the crime.

Under Illinois statute 720 ILCS 5/18-1, robbery is defined as knowingly takes property from another by force or threatening to use force. Robbery is punishable in Illinois as a Class 2 felony, which carries a penalty of three to seven years in prison and a maximum fine of $25,000. However, if the victim of the robbery was 60 years or older, is physically disabled, or the robbery occurred in a day care center, part day child care facility, school, day care home, group day care home, or place of worship, it is a Class 1 felony. Class 1 felonies carry a penalty of four to 15 years in prison and a maximum fine of $25,000. Robbery does not apply to motor vehicles; the forceful taking of a motor vehicle (carjacking) is covered under a separate statute.

Aggravated Robbery

If the defendant indicates that they have a dangerous weapon, either verbally or through actions, the crime is upgraded to aggravated robbery, a Class 1 felony. Even if it was found that the defendant was not being truthful at the time and had no dangerous weapon, they have still committed aggravated robbery. A dangerous weapon includes a firearm, knife, bat, ax, bludgeon, or anything that could cause serious bodily harm or death. Additionally, robbery has been committed if the defendant drugged the victim without their consent in order to rob them.

Armed Robbery

Using any dangerous weapon during a robbery is considered armed robbery. Under statute 720 ILCS 5/18-1, armed robbery is a Class X felony, punishable by six to 30 years in prison.

Contact a Cook County Criminal Defense Attorney for Help

Whether you are facing charges of theft, robbery, aggravated robbery, or armed robbery, you need to talk to a lawyer immediately. Contact skilled Rolling Meadows criminal defense attorney Christopher M. Cosley today at 847-394-3200 for a free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K18-1

https://www.ksdk.com/article/news/crime/ninja-turtle-mask-wearing-man-tries-to-rob-illinois-walgreens/63-613006809

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K18-1

Child Abandonment

October 8th, 2018 at 6:48 pm

abandonmentOver 25 years ago, a St. Charles couple decided to go on vacation to Mexico for nine days. They decided not to bring their children along, and while Home Alone II was playing in theaters, these two real-life parents left their nine- and four-year-old daughters home alone intentionally. They were arrested and their story gained national media attention, eventually leading to the creation of Illinois’ child abandonment law. Today, child abandonment is a serious criminal offense that can be penalized as a Class 4 felony, which carries a prison sentence of one to three years and a maximum fine of $25,000.

Characteristics Defining Child Abandonment

Illinois statute 720 ILCS 5/12-21.5 defines child abandonment as the following:

A parent, caregiver, or other guardian who currently has physical custody or control of a child under 13 years of age leaves that child without “supervision by a responsible person over the age of 14” for 24 hours or longer. This statute does not include those who legally relinquish a child in accordance with the Abandoned Newborn Infant Protection Act. In order to determine whether or not the child’s mental or physical health or safety or welfare was disregarded, the following will be taken into consideration;

  • Child’s age;
  • Number of children left alone in the location;
  • Potential special needs of the child;
  • Length of time the child was left alone;
  • Condition and location of the place the child was left;
  • Time of day or night the child was left alone;
  • Weather conditions when the child was left alone, and whether the child had proper protection from natural elements;
  • The location of the parent or guardian when they left the child and the physical distance between the child and parent during the time they were left alone;
  • Was the child’s movement restricted, such as being locked in a room?
  • Was the child provided with a phone number of a responsible person to call in the event of an emergency? Was the child able to make such a call if need be?
  • Were food and other provisions made accessible to the child?
  • Was leaving the child caused by illness or economic hardship of the parent, and did they make a good faith effort to provide safety and health for the child?
  • Age and mental and physical capabilities of the person left to look after the under-13-year-old child;
  • Whether or not another person was left to supervise the child; and
  • Other factors that could cause danger to the child.

Call an Attorney at Once

Leaving a 12-year-old child alone for a day because you had to attend to your dying mother’s needs at a nearby hospital will be looked at much differently than if you left your five-year-old alone for a week to go gambling in Las Vegas. Every case is different, and you need an experienced attorney to help prove your qualities as a parent. If you are facing child abandonment charges, you may also be charged with child neglect and potentially child abuse. Combined or alone, any of these offenses can cause you to lose custody of your child, place you behind bars for months or years at a time, and essentially ruin your entire life. We urge you to contact the skilled Rolling Meadows criminal defense attorneys at the office of Christopher M. Cosley today at 847-394-3200.

 

Sources:

http://www.chicagotribune.com/suburbs/aurora-beacon-news/news/ct-abn-home-alone-schoo-impact-st-1215-20171221-story.html

http://www.illinoisattorneygeneral.gov/methnet/laws_legislation/bodharm_09.html

Defending against Shoplifting Charges

December 30th, 2015 at 10:18 am

Illinois theft laws, Illinois defense lawyer, Illinois criminal attorney,The holiday season is a big time for accusations of shoplifting and retail theft to arise. Stores are packed with people, and purchase items might accidentally get placed in a purse, or might not get paid for. Retailers are on high alert and are extra accusatory this time of year, but when a person stands accused of stealing merchandise when they are innocent, it is a problem. Shoplifting under Illinois law is usually a misdemeanor offense, but when the value of the allegedly stolen item is more than $300 or the accused is a repeat offender, the charges can be upgraded to a felony. When you are facing shoplifting and retail theft charges, you need an experienced criminal defense lawyer to help protect your rights.

Defense Strategies for Shoplifting Charges

When it comes to shoplifting charges, a criminal defense lawyer who normally handles shoplifting cases can help you identify the best defense strategy that is available to you. Some more common shoplifting criminal defense strategies involve the following:

  1. The Value of the Item Allegedly Stolen Does Not Support the Charges. The item that is allegedly stolen has a value, and charges, and thus punishments, are usually based on the value of the stolen item. When evidence exists that the item was in fact taken by the defendant, a good strategy is to argue that the charges are incorrect and should be downgraded to a lesser offense.
  2. Lack of Evidence to Support the Charges against the Defendant. If there is insufficient evidence that the defendant shoplifted, then the case against the defendant should be dropped at the preliminary hearing of grand jury phase of the case, if applicable. When there is no video evidence, or no witness that can positively identify you as the suspect, there is a strong possibility that the case will be dismissed for lack of evidence.
  3. Lack of Probable Cause. Many people who are accused of shoplifting are detained by store security, and their personal items are searched for the allegedly stolen merchandise. But in order to subject the accused to these invasions, the security officer or store representative must have probable cause that the accused committed shoplifting. This means that there must be some evidence that the defendant committed the crime.

Defending against Shoplifting Charges Is Important

A shoplifting conviction will go on your permanent criminal record and you will have to face the punishments associated with your crime. That is why it is so important to consider every aspect of the case and explore every defense strategy that is available to you.

Call the Law Offices of Christopher M. Cosley

Many people are accused of shoplifting. Retail theft could be accidental, or it could just be a mistake or a moment of poor judgement. Regardless of what the situation might be, if you are facing shoplifting charges, you need the help of an experienced retail theft lawyer. Please contact a skilled Rolling Meadows defense attorney at our office immediately. We are prepared to assist you with your case.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-25

Hazing Is a Crime

July 27th, 2015 at 5:47 am

Illinois defense attorney, Illinois criminal lawyer, Hazing used to be a regular part of high school and college life, but now it is often considered a criminal offense. As a result of hazing going too far at multiple institutions and students being seriously hurt or even killed, a once normal right of passage is now forbidden by schools and universities. Engaging in some types of hazing can lead to a student being in serious trouble, not just with his or her school, but with the law as well.

The Law against Hazing

Illinois statute forbids certain kinds of hazing. Legally speaking, a person commits hazing when he or she requires the commitment of any act by a student or other person in a school for the purpose of induction into any group connected with the institution if two specific requirements are met. First, the act must not be sanctioned or authorized by the educational institution. Second, the act must result in bodily harm to any person. As such, harmless traditional types of hazing may not result in legal action, although they may still be against school policy and result in suspension or even expulsion under some school rules. However, any type of hazing that could result in someone getting hurt, including alcohol-related hazing, could result in criminal charges. Usually hazing is a misdemeanor, but if it results in death or great bodily harm, the charge can be a felony.

Failure to Report Hazing

Failure to report hazing is also a crime in Illinois. Schools cannot protect their students from being prosecuted under the hazing law. A school official can actually be charged with the crime of “failure to report hazing” when he or she does the following:

  1. While fulfilling his or her official responsibilities as a school official he or she observes an act that is not sanctioned by the school;
  2. The act results in physical harm to a person; and
  3. The school official fails to report the act to supervising educational authorities or, in the case of death or great bodily harm, law enforcement.

Violation of this law is a misdemeanor.

Call the Law Offices of Christopher M. Cosley

If you or your child has been charged with a crime or is being investigated you will need the assistance of an experienced Rolling Meadows criminal defense attorney like Christopher M. Cosley. Call us today at (847)394-3200. Neither you nor your child should ever speak to law enforcement without having an attorney present. It does not matter whether you or your child is guilty. If it is your child who is being investigated you may have questions for him or her, but demanding answers could result in your being forced to testify against your own child, so do not push him or her to answer your questions. Contact us instead.

Criminal Sexual Assault and Aggravated Criminal Sexual Assault

May 6th, 2015 at 7:01 am

Illinois defense attorney, Illinois criminal lawyer, rape,Sex offenses are some of the most difficult types of crimes to defend. While juries and the public are willing to consider most criminal defendants to be innocent until proven guilty, and while they are supposed to do this in sex cases, often they are unable to do so. This is particularly true when the alleged victim of the offense is a child, as most people do not understand the reality that children can be easily led to make false or inaccurate allegations. That is why it is so important that when you are facing charges for a sex offense that you obtain the help of a criminal defense attorney who is experienced with defending this type of offense. There are many different types of sex offenses one can be charged with in Illinois, so it is important for you to understand exactly what it is you are being accused of having done.

Criminal Sexual Assault

Criminal sexual assault is a felony sex offense in Illinois. A person commits this offense if he or she commits an act of sexual penetration and one of the following four statements is true:

  • He or she used force or the threat of force;
  • He or she knew that the alleged victim was unable to understand the nature of the sexual act or was unable to give knowing consent;
  • He or she is a family member of the alleged victim and the alleged victim is under the age of 18; or
  • He or she is 17 years old or older, the alleged victim is between the ages of 13 and 18, and the accused holds some sort of position of power or authority over the alleged victim.

 Aggravated Criminal Sexual Assault

Aggravated criminal sexual assault is another more serious felony sex offense in Illinois. This crime requires that the accused commit criminal sexual assault and that one of a list of aggravating factors is present. This aggravating factors include:

  1. That the accused displayed, used, or threatened to use a dangerous weapon other than a firearm, or that the accused displayed, used, or threatened to use some other object that would lead the alleged victim to reasonably believe that it was a dangerous weapon;
  2. That the accused caused great bodily harm to the alleged victim.
  3. That the accused acted in some way that threatened or endangered either the life of the alleged victim or the life of some other person;
  4. That the accused committed the assault while committing or trying to commit some other felony;
  5. That the alleged victim of the sexual assault is age 60 or older;
  6. That the alleged victim of the sexual assault is a physically disabled person;
  7. That the accused drugged the alleged victim without the alleged victim’s consent or by threat or deception;
  8. That the accused was armed with a firearm;
  9. That the accused personally fired a firearm during the commission of the assault; or
  10. That the accused personally fired a firearm during the assault and that the firing of the firearm caused great bodily harm, permanent disability, permanent disfigurement, or death.

There are two other ways to commit aggravated sexual assault. The first happens where the accused is under 17 years old and he or she commits an act of sexual penetration with a person under nine years old or uses force or the threat of force to engage in an act of sexual penetration with a child between the ages of nine and 13. The other type of aggravated sexual assault happens where a person commits an act of sexual penetration with an alleged victim who is severely or profoundly intellectually disabled.

Call the Law Offices of Christopher M. Cosley

If you or someone you love has been charged with a sex offense, you need the assistance of an experienced Rolling Meadows criminal defense attorney. Call the Law Offices of Christopher M. Cosley today at (847)394-3200 for a consultation on your case.

What is a Statute of Limitations?

April 7th, 2015 at 6:03 pm

Illinois criminal defense attorney, Illinois defense lawyer, Illinois criminal law,When the news reports on crimes that happened a long time ago, they often say that a person cannot be prosecuted because of the statute of limitations. However most people do not not actually know what a statute of limitations is, why it exists, or when it applies. They can actually be quite complicated so if you find yourself charged with a crime that is alleged to have happened years ago, you will need the specific advice of a criminal defense attorney.

What is a Statute of Limitations and Why Does it Exist?

A statute of limitations is a statute that limits the time frame in which a certain cause of action can be brought. A cause of action could be something like a slip and fall lawsuit or a sexual harassment complaint, or it could be a criminal charge. Every state has different statutes of limitations and most states, including Illinois, have different statutes of limitations for different crimes. The purpose of these laws is two-fold. First of all, a statute of limitations prevents people from having to live in fear their entire lives of being sued or criminally charged for something that happened years or even decades earlier. Second, and most importantly, it protects everyone’s right to have a fair trial on the matter. Having a trial soon after an alleged wrong, when witnesses are still alive, available, and have clear memories, is vastly preferable when compared to the alternative. Charging a person with a crime decades after it was committed nearly guarantees that he or she will not be able to establish an alibi or find other witnesses even if he or she is absolutely innocent.

What is Illinois’ Criminal Statute of Limitations?

The criminal statute of limitations in Illinois depends upon the crime to be charged. If a person is charged with certain crimes that result in the death of another, concealment of homicidal death, treason, various types of arson, forgery, certain child pornography charges or certain sexual offenses, there is no statute of limitations. There are prolonged and complicated statutes of limitations that apply to many offenses that involve child victims, particularly offenses that are sexual in nature. Some crimes have their own specific statute of limitations. As a general rule though, if none of these circumstances apply, the statute of limitations usually mandates that felony prosecutions must be commenced within three years of the date the crime was committed, and misdemeanor prosecutions must be commenced within one year and six months.

One thing that is important to note is that while these are the current statutes of limitations, the laws on this matter change. In particular the laws have changed regarding the statute of limitation for certain sex offenses. So if a crime occurred decades ago and the statutory time limit ran out before the statute of limitations was changed to make it longer or non-existent, then a person may have a statute of limitations defense if a prosecutor were to try to charge the person for that crime now.

Call the Law Offices of Christopher M. Cosley

When you are being investigated for a crime or have been arrested, you need help. You need an experienced Rolling Meadows criminal defense attorney. Call the Law Offices of Christopher M. Cosley today at (847)394-3200. We will fight for the best possible result in your situation.

Retail Theft Carries Real Consequences

February 11th, 2015 at 8:04 am

shoplift, Illinois defense lawyer, Cook County criminal attorney,Many people think of shoplifting or retail theft as a relatively minor crime. In Illinois that is absolutely not the case. Shoplifting in Illinois will lead you in serious need of an experienced criminal defense attorney. In order to avoid finding yourself in that position, you should understand exactly what retail theft is and how it is punished in our state.

What is Retail Theft?

Generally speaking, what most of us call shoplifting is a type of retail theft. Illinois statute defines retail theft as  one of the following actions:

  • Takes merchandise with the intent of keeping it or depriving the merchant of it permanently without paying for the merchandise;
  • Alters or removes a price tag or similar marking in an attempt to pay less for a piece of merchandise;
  • Transfers merchandise from one container to another in an attempt to deprive the merchant of the full retail value of the merchandise;
  • Under-rings merchandise with the intent to deny the merchant of the full retail value;
  • Steals shopping carts;
  • Knowingly lies to a merchant claiming that the person owns property so he or she can sell the property to a merchant;
  • Uses or possesses theft detection shielding devices or theft detection device removers; or
  • Keeps property that should have been returned by a lessee.

There is also an additional related crime called “theft by emergency exit” that involves using an emergency exit to commit retail theft.

What is the Punishment for Retail Theft?

Usually, for a first offense where the value of the property does not exceed $300 (or $150 if the property is motor fuel) the crime will be considered a Class A Misdemeanor. A second offense can be a Class 4 felony. The prior offense in these cases can be for a wide variety of stealing-related offenses. If the value of the property is greater than $300 then it is a Class 3 felony. Violations relating to the theft detection shielding devices or theft detection device removers are Class A misdemeanors for a first offense, but upon a second offense they can be a Class 4 felony. Theft by emergency exit is a Class 4 felony if the value of the property does not exceed $300. If the value of property is greater than $300 it becomes a Class 2 felony.

Each of these classes of crime is given a range of punishment under the Unified Code of Corrections. The misdemeanor sentences are less than one year in jail. The felonies can carry hefty prison terms, however. Class 4 felonies carry a term of one to three years in prison. Class 3 felonies carry a range of two to five years. The Class 2 felonies carry a range of three to seven years.

Call an Experienced Criminal Defense Attorney

If you are charged with retail theft or any other type of criminal offense, you will need an experienced Rolling Meadows criminal defense lawyer. You should call the Law Offices of Christopher M. Cosley. When you call us at (847)394-3200 we can schedule an appointment to go over the facts of your case and figure out how we can best be of help.

I Wasn’t The Shooter” is Not a Defense: Principles of Criminal Liability

January 23rd, 2015 at 10:59 am

Illinois defense attorney, Illinois criminal lawyer, conspiracy to commit a crime, While every criminal case is different, some situations happen over and over again. One thing we see all too often is the situation where a person tries to get him or herself out of trouble by telling the police that he or she was at the scene of the crime but was not the primary culprit, thinking this partially absolves them of criminal liability. It is totally reasonable that people would think this would decrease the amount of trouble they are in — after all, the lookout at the bank robbery doesn’t seem like she is nearly as bad as the co-defendant who shot the bank guard. Unfortunately, while that may make sense, it is not the law. Instead, that lookout will be in just as much trouble as the person who shot the guard.

Accountability for the Conduct of Another

This situation presents an issue of accountability. Under Illinois statute, a person is accountable for another person’s actions under various circumstances. The part of the statute that comes up most often, however, says:

When two or more persons engage in a common criminal design or agreement, any acts in the furtherance of that common design committed by one party are considered to be the acts of all parties to the common design or agreement and all are equally responsible for the consequences of those further acts.

What this means is that when two people agree to go commit a crime, each of them becomes completely criminally responsible for everything the other one does in the furtherance of that crime. For example, imagine two cousins who decide to break into a house to steal some marijuana. Someone sees them and calls the police. One of the cousins gets into a high-speed chase with the police and winds up almost hitting an officer. That other cousin, who never intended to do anything other than steal and smoke some pot, is now on the hook for attempted murder of a law enforcement officer.

Mere Presence at the Scene Is Not Enough, but It Is Still a Bad Idea

The statute also says that mere presence at the scene of a crime in and of itself does not make one accountable for that offense. But, being at the scene can be considered with other circumstances in order to determine whether one should be held accountable. One common theory of accountability for those at the scene is the theory that they are a part of a “show of force.” Prosecutors argue that the person at the scene was helping the primary actor commit a crime by adding to his or her intimidation factor by being present. And unfortunately, sometimes this argument works.

The Special Case of Felony Murder

Another related common misconception is that in order to be guilty of first-degree murder, one has to have premeditated a killing. That may be the case in some states, but it is not the case in Illinois. In Illinois the murder statute says it is first-degree murder when one person kills another person while attempting or committing a forcible felony. This, combined with the accountability laws, means that in our bank robbery example the lookout can be convicted of first-degree murder even though she was not even in the bank where the killing occurred.

Call a Rolling Meadows Criminal Defense Attorney

Being charged with a crime can be scary, stressful, and confusing. It can be even more confusing if you are charged as having “acted with” someone else to commit a crime. If this happens to you, you will need the help of an experienced Rolling Meadows criminal defense attorney. Call the Law Offices of Christopher M. Cosley at (847)394-3200.

Burglary: It Is Not Just Breaking and Entering

January 21st, 2015 at 10:41 am

Illinois defense attorney, Illinois criminal law statutes, Illinois criminal lawyer,Thanks to police procedural shows and courtroom dramas, the public has a lot of ideas about what the law is and what it is not. Unfortunately, since every state has different laws and television writers are not bound to accurately represent any of them, sometimes these ideas about the law can be mistaken. This can be particularly problematic when it comes to criminal law. One example of a crime that is often misconstrued is burglary.

So What is Burglary?

Most people think of burglary as breaking into a house or business to steal something. And this is, in fact, correct: that would be a burglary. But in Illinois, the crime of burglary includes much more than those two possibilities. Like all state crimes in Illinois, burglary is defined by statute. According to the state statute:

A person commits burglary when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or a theft.

This means two things. First of all, burglary is not just about breaking into buildings. In Illinois one can commit burglary in planes, trains, automobiles, and a whole host of other areas. The other important thing that most people do not realize is that burglary does not have to be about stealing something. While intent to commit a theft is sufficient to make the crime a burglary, it is not the only way. An intent to commit a felony while one is unlawfully in one of the covered areas is also sufficient to make the crime a burglary. What, then, is a felony? A different Illinois statute defines a felony as “an offense for which a sentence to death or to a term of imprisonment in a penitentiary for one year or more is provided.” Thus, an intent to commit a serious crime is enough. For example, breaking into someone’s airplane to commit an aggravated battery would count as a burglary. It is important to note, however, that if the underlying crime is theft, the theft does not have to be a felony theft. Any sort of theft is enough to constitute a burglary.

Residential Burglary

There is a crime in Illinois called “residential burglary” that is closer to what people may commonly think of as burglary. This crime requires the unlawful entry into or remaining in the dwelling place of another in order to commit the theft or felony. One type of residential burglary occurs when a person falsely represents him or herself to be a government representative or utility worker to gain access to someone’s dwelling in order to commit a theft or a felony.

Call us Today

If you or a loved one is charged with burglary, or any other criminal offense, you will need the assistance of an experienced Rolling Meadows criminal defense attorney. That is why you should call the Law Offices of Christopher M. Cosley. Our phone number is (847)394-3200

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