In everyday conversation, we often use the terms “theft,” “robbery,” and/or “burglary” in place of one another. However, in the legal world, these three terms all have very distinct meanings and carry different sentences if a person were to be convicted of those crimes. A burglary charge is a serious offense in Illinois and can result in felony charges and potential imprisonment. If you have been accused of burglary in Illinois, having a skilled criminal defense attorney on your side can be immensely helpful.
Defining Burglary and Residential Burglary in Illinois
When a crime is referred to as “burglary,” the alleged crime took place in a building, such as a warehouse. In the state of Illinois, a charge exists specifically for burglaries that take place inside of a person’s home. The crime of residential burglary occurs when a person knowingly and without authority enters or remains inside of a person’s home with the intent to commit a felony or theft. In other words, you do not actually have to commit a crime or steal anything — you can be convicted of residential burglary if the prosecution can prove that you unlawfully entered the home and had the intention of committing a crime or theft. A residential burglary offense can also apply to a person who falsely represents themselves as a person from a utility, construction, or telecommunications company, or member of the government, with the intent of committing residential burglary.
Penalties for Burglary and Residential Burglary
Typically, a general burglary case results in a Class 3 felony charge, bringing a potential two- to a five-year prison sentence. If the building was damaged in the process, the charge would elevate to a Class 2 felony, which has the potential of between three and seven years in prison. If the burglary took place in a daycare center or place of worship, then the charge can be elevated to a Class 1 felony, carrying a potential sentence of four to 15 years in prison.
Discuss Your Case With a Kane County Burglary Defense Attorney
If you have been accused of any type of theft or burglary crime, you need help from an experienced Elgin, IL burglary defense lawyer. At the Law Office of Brian J. Mirandola, we will look over all of the facts surrounding your case to help you build the best defense for your situation. To schedule a free consultation to get started working on your case, call our office today at 847-488-0889.