Getting arrested for Burglary can be traumatic for anyone. It is important to contact a Burglary Defense Attorney in Chicago, Illinois from the very start.
In the state of Illinois, burglary charges are very serious and are always considered a felony. There are different types of burglary offenses and the penalties range from Class 3 felony up to a Class 1 Felony.
Definition of the crime of Burglary in the State of Illinois
Under Illinois law found at 720 ILCS 5/19-1 , the crime of burglary is defined as knowingly entering or remaining within a building, trailer, watercraft, aircraft on a motor vehicle without consent with the intent to commit a felony or a theft. The individual penalties for burglary can differ depending on the type of building and the case’s circumstances.
In Illinois the crimes related to burglary are classified into the following categories –
- Entering a residential space with the intent to commit a crime – Residential Burglary
- Entering a building space intending to commit a crime – Burglary
- Entering a home and causing injury or forcefully threatening people – Home invasion
- Entering a property without the owner’s permission – Criminal trespass
The elements of the crime of Burglary in the State of Illinois
A person can be charged with the crime of burglary in the state of Illinois with any of the following actions-
- Entrance the residence, or on the place of burglary without any permission or authority, or remains in the home of someone else without authority; or
- Remains or enters the house and is found to have an intent to commit a theft; or
- Entrance to a residence to commit a theft or other felony act through misrepresentation or pretends to be a person from a company or utility.
However, a person who has been wrongly charged with the crime will greatly benefit from obtaining the help of a burglary Lawyer in Chicago.
In certain situations, a person can also be charged for illegally entering a residence of someone else with the intent to commit theft even if he did not actually move anything from the spot. In a residential burglary, the charges are made when there is a home or residential location rather than a commercial building or business.
The most significant element of this crime is the intent to commit a crime. Often the prosecutor takes references from circumstantial evidence to get the related proofs. For instance, if a person enters a family home without authority or permission and removes an item from its original place, the prosecuting attorney can represent the act of removing the property as evidence that the person had the intent before entering into the premises.
Further, a person can be charged with other serious criminal offenses such as home invasion if the person is found to possess a weapon and threaten people in the house, harms someone during the crime, or assaults someone during the commission of a burglary. Though this category of crime differs from that of residential burglary on different grounds, it can be seen as an extension of the previous case.
Defenses to the crime of burglary in the State of Illinois.
As per the burglary law in Illinois, several arguments can be made regarding a burglary charge. These arguments include the following, but not limited to –
If the person entered an open space or public building with an intent similar to the valid purpose of visiting the place but not intending to commit a theft or felony. For example, suppose an individual is caught entering into a public space, business premises, or a building for a genuine reason to visit the place for a purpose. In that case, it will not be technically considered a burglary.
The person was authorized by the owner of the place or had prior permission to enter/remain in the building or the concerned premise. In that case, the allegations will not be considered valid.
A specific spot, such as a lock or window, is found “Breaking.” Still, there is no actual validation or proof of a building or vehicle entering the space. For instance, if these specific spots are broken but there is no record of an individual entering the area, the burglary’s allegations will not be applicable.
In some instances, the charge is reduced to mere trespassing due to insufficient proof of the damage and criminal intent. This is also applicable when there was an unauthorized entry. Still, no criminal intent or damage is found in the records. As appropriate in the above case, the charge of residential burglary can be reduced to mere burglary if space is vacant at the time of the burglary.
How the criminal defense law firm of Goldman & Associates in Chicago, IL can help them fight the charges
In light of the above circumstances and possibilities in the alleged burglary, the criminal defense law firm of Goldman and associates is ranked among the leading criminal and DUI defense law firms in Chicago. We will act in your defense and fight for your right against law enforcement and the state of Illinois. With decades of experience, our firm has dealt with almost every type of criminal case and implemented the best defense for the given situation.
So, if you have been looking for a Chicago Criminal Defence Attorney, feel free to reach out to us and get a free case evaluation and consultation. As we proceed, we will lead you through the whole process and provide the required counseling for your case and make sure to fight for your rights to the best of our capabilities!
