Chicago Criminal Defense Lawyer
According to Illinois state law 720 ILCS 5/19-1 (Ch. 38, par. 19-1), burglary is defined as knowingly entering or remaining without authority in a building, trailer, aircraft, watercraft, railroad car, or motor vehicle with the intent to commit a theft or felony. In Illinois, burglary is always charged as a felony offense. It does not matter what property was taken, or if no property was taken at all. Rather, burglary is an offense that involves unlawfully trespassing or entering another's property with the intention of committing a crime.
Most often, burglary is associated with theft; however, unlawfully entering another person's property for the purpose of committing any type of felony crime may constitute burglary. Whether nor not the intended crime was committed is not the issue at hand; the "breaking and entering" and the intentions of the offender will be considered in seeking a conviction.
Possible Penalties of Conviction
The specific penalties for an Illinois burglary conviction will vary depending upon the structure that was unlawfully entered. The specific facts of the case (such as whether the defendant was in possession of a weapon or whether anyone was injured) will also affect sentencing. However, the general penalties that may be enforced include:
- Burglary of a home or other occupied dwelling: 4 to 15 years in state prison
- Residential Burglary is not an offense for which probation is a lawful sentence.
- Burglary of a business or building: 3 to 7 years imprisonment
- Burglary to Auto or Motor Vehicle is punishable by 3 to 7 years in prison
Have you been accused of burglary in Chicago?
If so, an effective Chicago criminal defense attorney at Fagan, Fagan & Davis may be able to help you. Our team can investigate your charges and the evidence brought against you to determine whether your rights were violated and build a powerful and compelling defense.
Your initial consultation with a skilled legal professional at our firm is free of charge, and this will give you the much-needed opportunity to learn more about your charges and what is necessary for your criminal defense case. Our attorneys have over 100 years of combined legal experience to put to work for you, and we work as a team to utilize our unique strengths.