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Archive for the ‘teen breaking and entering’ tag

Penalties for Teenage Breaking and Entering

October 19th, 2018 at 9:00 am

juvenileBreaking and entering has long been a sort of game for teenagers looking for a thrill. For example, teens in Colorado recently broke into a Colorado home, threw a party, and recorded it on Snapchat. Teens and younger adolescents may dare or encourage one another to break into abandoned homes, which may not actually be abandoned, schools, and other structures. However, breaking and entering, which is called burglary whether there was an intent to steal something or not, is a felony crime.

Residential Burglary and Possession of Burglary Tools

Under Illinois statute 720 ILCS 5/19-3, the elements of residential burglary include the following:

  • Knowingly entering a residence (including a car, RV, boat, railroad car, or other structure) without permission;
  • Entering or remaining in a residence  for the purpose of committing a theft or other felony; or
  • Misrepresenting oneself in order to gain entrance to a residence for the purpose of committing a theft or other felony.

Defendants facing burglary charges may be put behind bars for three to seven years. However, residential burglary is a first-degree felony if the structure entered was a school, place of worship, or daycare facility, punishable by four to 15 years in prison. Teens 18 and older will be tried as adults. Furthermore, if anyone was killed, even accidentally, during breaking and entering (burglary), the defendant faces a first-degree murder charge.

Possession of burglary tools under Illinois statute 720 ILCS 5/19 2 is a Class 4 felony, punishable by one to three years in prison, and involves the following elements:

  • Possession of tools suitable for breaking and entering a structure, car, or watercraft (including lock picking tools, explosives, or other devices); and
  • Intent to break into breaking into a place and commit a felony or theft.

Juvenile Penalties for Breaking and Entering

Unlike adult sentencing, there are generally no strict guidelines for punishing minors in juvenile court. As such, a judge has much more leeway in determining an appropriate punishment. The court may look at the juvenile’s age, the seriousness of the crime committed, their criminal history if any, whether or not they are enrolled in school, their grades, their home life, their general attitude regarding the crime or remorse, and many other personal characteristics. Penalties for breaking and entering include potential fines, incarceration in a juvenile detention facility, probation, counseling, and restitution.

Call a Rolling Meadows Criminal Defense Attorney Today

If your child is 18 or older, he or she will be tried as an adult, and if found guilty, awarded a felony record and potentially years in prison. If he or she is a minor under 18 years of age, they will most likely be tried in juvenile court. However, if serious injury, aggravated battery, or death occurred as a result of the burglary, and your child is 16 or older, they will be tried in adult court. You need to take action to protect your child’s future whether they are 10, 14, or 18. Call dedicated Rolling Meadows juvenile crimes attorney Christopher M. Cosley today at 847-394-3200.

 

Source:

https://abc7ny.com/teens-break-into-home-for-party-record-snapchat-video/2548147/

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