Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney
CRIMINAL DEFENSE LAWYER FOR BURGLARY IN ROCKFORD
Have You Been Charged With Burglary? We Can Help
A burglary charge can be quite severe typically involving jailtime since burglary, like
robbery, is considered a
felony in the state of Illinois. Because burglary involves the breaking into of a location, whether home or vehicle, unlike other
theft charges, it is treated as a serious charge in the Illinois court system. If you or a loved one has been charged with a burglary offense, it is imperative that you consult with an experienced Illinois criminal defense attorney near you. At the
Law Office of Brendan W. Caver we believe that everyone has a right for their side of the story to be heard, don't hesitate to reach out to our office to
book your confidential case consultation.
(815) 714-9508
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Understanding Burglary Charges
The offenses of burglary and residential burglary in Illinois can be summarized together. In order to sustain a charge of burglary, the State must prove beyond a reasonable doubt that an accused entered a building, home, or some sort of motor vehicle (boats count) without authority, and intended to commit a theft there. The facts surrounding the alleged burglary dictate what sentencing range the accused is looking at. You can find out more about the Illinois statute for burglary on the Illinois General Assembly website.
- If the burglary is alleged to have been committed in a vehicle the charge is a Class 3 felony and the sentence range is up to 30 months of probation, or 2 to 5 years in prison.
- If the burglary is alleged to have been committed in a building of some sort, or the burglary is alleged to have caused damage to a motor vehicle, the charge is a Class 2 felony with a sentence ranging from up to 4 years of probation, or 3 to 7 years in prison.
- If the burglary is alleged to have been committed in a school, day care (home daycares do not count) or church, the charge is a Class 1 felony, with a term of probation of up to 4 years or a prison sentence of 4 to 15 years.
If the accused is charged in a manner that would allow him or her to receive a term of probation other sentencing options may be on the table. For example, the accused may be eligible for deferred prosecution, deferred judgment, or some other form of probation.
Defending Burglary Charges
Depending on the facts of the burglary case, there are many ways to attack a charge of burglary or residential burglary. The accused may be able to attack the credibility of the witness, have an alibi, or may be able to show that he or she had consent to enter the place in question. Other ways to attack the State’s case may include filing a motion to suppress evidence or improperly induced statements, or providing evidence of other police misconduct.
What You Need To Know About Home Invasion Charges
In order to be convicted of home invasion, the State must prove beyond a reasonable doubt that the accused entered someone else’s home without authority while that person was home, or remained in the home after someone did come home, or that the accused pretended to be someone he wasn’t in order to gain access into the home (ie. a utility worker, construction worker, etc.). The State must also prove beyond a reasonable doubt that the accused was armed with a firearm or dangerous weapon or intentionally caused injury to someone within the home. The Illinois home invasion statute can be found here.
Home invasion in Illinois is classified as a Class X felony, which typically carries a 6 to 30 year prison sentence. However, in many cases an accused could be looking at additional prison terms of 15 to 25 years in prison, or even natural life in prison. Since home invasion is not a probation eligible offense, no alternative programs such as deferred prosecution or deferred judgment are available.
There are many potential defenses to an accusation of home invasion. One such defense is that the accused left as soon as someone arrived home and that there was no threat of force or actual use of force at that time. Other potential defenses are mistaken identity, alibi, insanity, or accident. Defenses can be used at trial, or as a tool to persuade the State into dismissing a case, amending the charge to a lesser offense, or as a mechanism by which an plea bargain may be reached. Lastly, in some cases a motion to suppress illegally obtained evidence may be filed by your attorney. If that motion is heard by a judge and granted, the State may be left with no choice but to dismiss the case. This is also a tool that can be used to persuade the State in negotiations.
Other Burglary Charges
Possession of Burglary Tools
To sustain a charge of possession of burglary tools in Illinois, the State must prove beyond a reasonable doubt that an accused possessed a key, tool, or other instrument or device that can be used for breaking into a home, motor vehicle, or any device used to keep property safe. Additionally the State must prove beyond a reasonable doubt that the accused had the intent to enter into someone else’s property and commit a theft within.
This offense is a Class 4 felony and punishable by up to 30 months of probation or 1 to 3 years in prison. Since probation is on the table for this offense an accused may be eligible for deferred prosecution or deferred judgment. The statute for this offense in Illinois can be found
here.
Depending on the facts your case an accused may be able to successfully rebut the State’s argument that the accused’s intent was to break into and commit a theft of someone’s property. For example, there may have been a legitimate reason for possession of the tools. An alternative way to attack a charge of possession of burglary tools is to motion to suppress illegally obtained evidence. Your attorney may be able to ask the State to amend your charge to a lesser offense.
Criminal Trespass to Residence
In Illinois, in order for the State to succeed in convicting someone of criminal trespass to residence they must prove beyond a reasonable doubt that an accused knowingly entered into someone else’s home without authority, or that they knowingly stayed in someone’s home without authority. This offense is a Class A misdemeanor and punishable by up to a year in jail or 2 years of probation. Entering into someone else’s home without a authority, when someone is home, is a Class 4 felony and punishable by 1 to 3 years in prison, or 30 months probation. Click here to view the Illinois statute on criminal trespass to residence.
In defending a charge of criminal trespass to residence, depending on the facts of the case, an attorney may be able to argue that the accused actually had authority to enter the residence, or attack the witness’s credibility. For example, the witness may have poor memory, may have given a bland description of the offender to police, or may have some sort of ill will towards the person he or she accused. Other ways to attack a case are by pointing out police misconduct, or by showing that the accused’s right to remain silent was violated. In no way is this an exhaustive list of potential defenses or strategies in defending your case. All cases are different and an experienced criminal defense attorney near you can help you establish your best defense.
Don't Let A Burglary Charge Ruin Your Life, We Can Help
If you live in your near Rockford, IL and you or a loved one is faced with a charge of burglary it pays to at least discuss your case with an experienced criminal defense attorney. They will go over all the details of the case and determine the best course of action for you.
Contact attorney Brendan W. Caver for a free consultation at (815) 714-9508 or by email, to discuss your case today.
Brendan Will Answer Your Questions
Trust your reputation and livelihood to someone who tries cases and knows the law. Act now to get ahead of any accusations against you. For answers to your specific questions, please call or text 815-714-9508 for your free consultation, 24 hours per day, 7 days per week.
