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Archive for the ‘intent’ tag

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/

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