Are you accused of committing a burglary? This serious legal situation will require immediate assistance from a high-quality, seasoned Chicago criminal defense attorney. No matter the situation or your involvement or lack of involvement in the crime, the quality of your defense lawyer can significantly impact whether you are convicted and the penalties that could be imposed upon you. Having served in Cook County, Illinois, as defense counsel for over 20 years and having experience in many difficult criminal trials, I have the experience and insight into the criminal justice system that could greatly benefit you in your case.
Burglary Charges In Illinois
In Illinois, burglary offenses are codified under the Illinois Criminal Code, Article 19. The common element that the prosecution must prove in all burglary cases is that the defendant, without authority, entered a dwelling with the intent to commit a felony or theft. Burglary is classified as a forcible felony
and is considered a violent crime
crime is codified under Section 720 ILCS 5/19-1
of the Illinois Criminal Code. To sustain a conviction for burglary, the prosecution must prove the following. That the defendant (legally or illegally) knowingly enters or remains at a place
, such as a building or motor vehicle, with the intention to commit felony or theft. Burglary is a specific intent crime, which means that the elements the prosecution must prove are that the defendant entered a dwelling with the intention to steal something or intended to commit any type of felony while there. Burglary is a felony
offense, and depending on where the crime was committed and whether anything was damaged, it can be punishable from 2 to 15 years in prison.
In one of the cases, we represented a client charged with burglary after writing a bad check for over $500 at a local casino. In this particular situation, the state attorney was unable to prove that our client had knowledge that the available funds in their bank account were insufficient to cover the tendered check.
crime is codified under Section 720 ILCS 5/19-3
of the Illinois Criminal Code. In order to sustain a conviction for burglary, the prosecution must prove the following. That the defendant knowingly enters or remains at a dwelling
place of another with the intention to commit felony or theft. Residential Burglary is a Class 1 Felony
The elements of burglary and residential burglary are identical; the only difference is that to sustain a conviction for burglary, the prosecutor must prove that a person entered any place, whereas in residential burglary cases, the prosecutor must prove that a person entered someone's house, and intended to commit a felony or steal something.
Other Burglary Crimes in Illinois
Possession of Burglary Tools
crime is codified under Section 720 ILCS 5/19-2
of the Illinois Criminal Code. To sustain a conviction for possession of burglary tools, the prosecution must prove that the defendant possesses any key, tool, instrument, or device suitable for breaking into a building, with intent to enter that place and with intent to commit a felony or theft. Possession of burglary tools is a Class 4 Felony
Criminal Trespass to Residence
crime is codified under Section 720 ILCS 5/19-4
of the Illinois Criminal Code. To sustain a conviction for criminal trespass to residence, the prosecution must prove that the defendant, without legal authority, knowingly entered and remained at a dwelling place of another. Criminal trespass to the residence is a Class A Misdemeanor and does not require the prosecution to prove the intent of committing a felony or theft. However, if the prosecutor can prove that the accused entered the residence and either knows or has a reason to know that one or more persons are present, the crime can be charged as a Class 4 Felony
At the Law Offices of Mitch Furman, we handled numerous criminal charges involving burglary cases in Cook County, Illinois, and secured favorable results for hundreds of our clients. If you or someone you know has been charged with a burglary offense, call our experienced team of criminal lawyers today.
Penalties for Burglary Charges
- Criminal charges of burglary are filed when it is alleged that an individual entered a building, boat, plane, car, or other type of structure or vehicle without authority to do so, intending to steal any item. This is a Class 2 felony, and a prison sentence of up to 7 years could be imposed in a conviction.
- When the burglary allegedly involves a school, daycare facility, or church, the charges will be filed as a Class 1 felony, with up to 15 years in prison as a penalty.
- Some cases allow for an extended sentence – up to 30 years, based upon the facts and the accused's prior criminal record, whether one used a dangerous weapon or has previously done prison time.
- Evidence to support a burglary charge can include tools alleged to have been used to pick locks or release locks to gain entry or keys, instruments, or explosives. Any residential or commercial burglary can lead to heavy penalties, including a felony conviction and time spent in state prison.
- A home invasion case in which a weapon, such as a firearm, is alleged to have been employed in the commission of the crime will be more heavily punished and is a Class X felony, with 25 years to life as the possible sentence.
Attorney for Burglary Cases in Chicago
I understand how concerned you are about your future if you have been accused of committing burglary. You have real reason to be worried, as your freedom could be lost for years if you are not successfully defended. When I represent a person accused of burglary, my first action is to perform a painstaking review of the facts in the case. Every detail must be analyzed carefully when strategizing for the defense. An error in police officers' procedure can open the door to a case dismissal or other advantage. As I have gained a great insight into the criminal justice system over my years in practice, I am very aware of what it takes to achieve victory in criminal court.
Call Premier Criminal Defense Lawyer today to discuss your case. I am on your side, and if I represent you, you can be confident that everything possible will be done to help you fight back.