CONTACT US TODAY FOR A FREE CONSULTATION

Call Us312-345-1700

Rolling Meadows| Oakbrook Terrace| Chicago
Subscribe to this list via RSS Blog posts tagged in burglary

What Are Common Defenses When Charged with Burglary?There are serious consequences for being accused of a burglary, which may follow you for the rest of your life. Being convicted for burglary in Illinois is often a Class 2 felony, punishable by three-to-seven years in prison and a fine of as much as $25,000. You could face additional charges if you are accused of being armed during the incident or invading a residence while the owners were still home. A felony conviction on your criminal record will make it more difficult to obtain employment and could increase the penalties you receive if you are ever convicted of another crime. With all of this in mind, it is important to contest a burglary charge so that you are either found “not guilty” or have the charge reduced. Here are a few common defense strategies in burglary cases:

  1. You Had the Owner’s Consent to Enter the Property: Part of the definition of burglary is the unauthorized entry into someone’s property. If the property owner had previously allowed you onto their property, you can argue that you had the owner’s consent to enter. Even if the owner argues that they did not consent, you may be able to defend your actions if you can prove that you could have reasonably believed that you were authorized to be on the property.
  2. You Did Not Intend to Commit Burglary: A burglary charge also requires the prosecution to prove that you intended to commit a crime after entering a property. Unauthorized entry without the intent to commit a crime is trespassing, which is a lesser charge. You may have lacked criminal intent if you mistakenly entered the property or were intoxicated at the time of the incident.
  3. You Were Wrongly Identified as Being the Culprit: A court will not convict you for burglary if there is insufficient evidence to prove that you committed the crime. It may be that you never entered the property or were somewhere else at the time of the alleged burglary. You can cast doubt on the accuracy of the prosecution’s evidence and explain where you were and what you were doing at the time.

Contact a Rolling Meadows Criminal Defense Attorney

A burglary conviction requires proving both breaking and entering and the intention to commit a crime. There are several ways that you can pick apart the prosecution’s evidence and strengthen your case. An Oakbrook Terrace, Illinois, criminal defense lawyer at Hartsfield Law knows which strategies are most successful in defeating a burglary charge. To schedule a free consultation, call 312-345-1700.

Source:

...

The Differences Between Burglary, Residential Burglary, and Home InvasionBurglary is a criminal charge that involves unauthorized access to a private property with the intent to commit a crime. People often associate burglary with theft, but the offender could also attempt to commit an assault or destroy property. Unauthorized access without criminal intent could be a lesser charge of criminal trespassing. It is also illegal to possess or sell burglary tools, even if you are not caught using them. There are three types of burglary charges in Illinois, all of which are felonies.

Burglary

The standard burglary charge is when someone knowingly enters private property without authority and with the intention of committing theft or a felony. The suspect may have broken into the property or remained inside without the owner’s permission. The criminal code states that properties may include:

  • Buildings;
  • Trailers;
  • Motor vehicles;
  • Railroad cars;
  • Watercraft; and
  • Aircraft.

A burglary conviction is a Class 3 felony if the offender did not damage the property in the entry process. Burglary with property damage is a Class 2 felony. Burglary committed at a school, daycare center, or place of worship is a Class 1 felony.

...
Avvo Avvo ASLA National Top 100 Fellow American Bar Association Chicago Bar Association Illinois State Bar Association DuPage County Bar Association Illinois Association of Criminal Defense Lawyers Cook County Bar Association National Association of Criminal Defense Lawyers
Back to Top