Illinois statute defines burglary as knowingly entering or remaining within a building, house trailer, watercraft, aircraft, motor vehicle, or railroad car without permission with the intent to commit a felony or theft. According to this statute, two components must be present:
- knowingly entering without permission or remaining without permission
- with the intent to commit a felony or theft
This is a class 2 felony. In Illinois a class 2 felony includes possible prison time and large fines. The sentence for a class 2 felony may include:
- possible prison sentence of 3-7 years
- possible probation of up to 4 years
- possible fines up to $25,000
- 2 years mandatory supervised release
A burglary that takes place in a school, day care of place of worship is a class 1 felony. It does not matter whether there are children present at the time of the burglary. In Illinois a class 1 felony includes a longer possible prison sentence and large fines. The sentence for a class 1 felony may include:
- possible prison sentence of 4-15 years
- possible probation of up to 4 years
- possible fines up to $25,000
- 2 years mandatory supervised release
Residential Burglary
Residential burglary in Illinois is defined as knowingly entering or remaining within a dwelling place of another without authority with the intent to commit a felony or theft. As with burglary, two components must be present:
- knowingly entering or remaining without permission
- with the intent to commit a felony or theft
The difference between burglary and residential burglary is the location of the crime. Residential burglary takes place in the dwelling place of another. This is a more serious crime and is classified as a class 1 felony in Illinois.
Possession of Burglary Tools
In Illinois a person can be charged with possession of burglary tools when he/she possesses any key, tool, instrument, device or explosive that can be used in breaking into a building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any depository designed for the safekeeping of property, with the intent to enter that place and commit a felony or theft. This is a class 4 felony. The sentence for a class 4 felony includes:
- possible 1-3 years prison
- possible probation up to 2 ½ years
- possible fines up to $25,000
- 1 year mandatory supervised release
Criminal Trespass to a Residence
Criminal trespass to a residence occurs when a person knowingly enters a dwelling place of another without authority. This is a class A misdemeanor. If the person trespasses when he/she knows that someone is present in the home, it is bumped up to a class 4 felony. A class A misdemeanor in Illinois has the possible sentence of:
- up to 1 year in jail
- up to 2 years probation
- up to $2500 fine
Hire a Chicago Burglary Defense Attorney
The consequences of a burglary conviction are severe. Prison terms and large fines can have a devastating impact on your life. If you have been arrested for burglary, it is important to contact a Chicago criminal defense attorney to review your case and aggressively defend your rights. Michael P. Chomiak is an experienced criminal defense attorney. He can help defend you whether you have been charged with burglary, residential burglary or possession of burglary tools. Contact him today to learn more about how he can defend your rights and keep you out of jail.