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Archive for the ‘residential burglary’ tag

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

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

When Juveniles Commit a Theft That Turns Into Residential Burglary

April 28th, 2017 at 1:42 pm

residential burglary, Rolling Meadows Juvenile Crime LawyerAs the weather begins to warm up, many homeowners in the area will open their doors and garages to allow the sunshine in and to air out their homes after a long, cold winter. In suburbia, it is not uncommon for people to leave their garage doors open during the daytime, and to even leave them open without supervision.

While normally such behavior should be safe, open doors can be inviting, especially to juveniles. Take, for example, a group of teenagers who see an open and apparently unguarded garage and enter in search for beer. One teen in the group might dare another to go steal the beer or something else from the open garage. Under pressure from his or her friends, the unfortunate teen will enter the garage and commit the theft.

When Theft Turns Into Residential Burglary

The teen who steals the beer from the garage, however, has done more than merely commit a theft. Because the teen entered the garage of another without permission, and with the intent to steal the beer, the criminal charges the teen can face will likely be upgraded to residential burglary. Why is the upcharge so bad for a teen? Residential burglary is a felony level offense, even if the offender is only a juvenile.

While someone who is under 18 years of age will likely face juvenile charges for his or her theft of the beer from someone’s garage, it is still a serious matter. When it comes to juveniles who commit offenses, the courts have a lot of discretion in terms of how the juvenile offender should be punished. The potential punishments that a convicted juvenile delinquent could face include:

  • Having to pay a fine;
  • Having to pay restitutions to the victim of the residential burglary;
  • Having to attend mandatory counseling sessions or therapy sessions;
  • Being put on probation, which means that the juvenile avoids detention (the juvenile equivalent of jail), but is required to comply with a number of terms, i.e., rules, that are part of his or her probation;
  • Being placed in juvenile detention, weekend detentions, or mandatory community service-type work programs.

Juveniles sometimes make poor decisions and exercise bad judgement. They also can make mistakes about the criminality of the things they do. First time juvenile delinquents are often treated with more leniency by the court than repeat offenders. Any young person facing theft of burglary charges needs to consult with a juvenile offenses lawyer immediately.

Juvenile Delinquents Need an Experienced Criminal Defense Lawyer

A juvenile charged with a crime needs a strong criminal defense lawyer fighting for his or her rights. Contact an experienced Rolling Meadows juvenile crime lawyer for assistance with your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-3

The Difference Between Trespassing, Home Invasion, and Burglary in Illinois

March 9th, 2016 at 8:23 am

trespassing, home invasion, burglary, Illinois Criminal Defense LawyerIllinois law takes a firm stance on protecting a person’s home and property from the unwanted intrusion of others. Indeed, Illinois has a number of laws intended to protect people from others. Specifically, Illinois law provides for criminal charges for trespassing, home invasion, and residential burglary. The consequences associated with each of the above crimes are serious, and criminal defendants who are facing these charges need to have a thorough understanding of what the differences are between these crimes.

Trespassing

Trespassing occurs when a person knowingly enters the property of another without permission. When someone enters or remains in another’s home, it is considered criminal trespassing to a residence, under 720 ILCS 5/19-4. Trespassing can occur by entering another’s yard or property, and residential trespassing could occur if someone entered the home of another or overstayed his or her welcome as a guest.

Home Invasion

A home invasion, under 720 ILCS 5/19-6, occurs when someone enters or remains in an inhabited dwelling without permission and causes injury or threatens to cause injury to the inhabitants. It can be considered home invasion if the invader has a gun or other weapon that he or she uses to threaten the inhabitants of the home. It can also be considered home invasion if the invader commits a sexual crime against an inhabitant of the home.

The inhabitants of the dwelling must be home at the time of the crime in order for it to be a home invasion. If the inhabitants are not home, the charges could be different if the person is caught, based on what he or she does in the home upon entry. If he or she simply leaves after learning that no one is home, the charges could be reduced to trespassing. However, if he or she intends to commit a felony or to steal something, then the person could be charged with residential burglary.

Residential Burglary

Residential burglary, under 720 ILCS 5/19.3, occurs when a person knowingly and without permission enters a dwelling of another with the intention of committing a theft or a felony. Breaking into a home where people are living in order to steal something rises to the level of a residential burglary. But a residential burglary can quickly turn into a home invasion if the burglary goes awry and one of the inhabitants of the dwelling is in the home at the time of the burglary. If the inhabitant confronts the burglar and the burglar causes injury or threatens the inhabitant, the crime can quickly change from a residential burglary to a home invasion.

Contact Us for Assistance

Trespassing, home invasion, and residential burglary are all serious criminal charges, and it is important that you fight any criminal charges that you are facing. Please contact a Rolling Meadows criminal defense attorney immediately to discuss your case. Our dedicated attorneys are happy to help you today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=62600000&SeqEnd=63400000

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