While robbery and burglary are sometimes mentioned together, they are distinct offenses under Illinois law, each carrying serious criminal penalties and long-term consequences. Both involve property or theft-related conduct, but the key difference lies in how and where the crime occurs. However, both are felony offenses that can result in years in prison, substantial fines, and a permanent criminal record. At the Law Offices of Andrew Weisberg, our Chicago Illinois defense lawyers can represent you if you are facing robbery and burglary charges.

Read on to learn how Illinois law differentiates robbery from burglary and what penalties apply to each so you can make informed decisions.

The Legal Differences and Penalties: Robbery vs. Burglary

Although robbery and burglary are sometimes discussed together, Illinois law treats them as separate crimes with distinct legal elements, victims, and penalties. The difference largely depends on whether the offense involves direct confrontation with a person or unlawful entry into a property.

Robbery in Illinois

Under 720 ILCS 5/18-1, robbery occurs when a person knowingly takes property from another by using force or threatening the use of force. The defining feature of robbery is personal confrontation, as it involves direct interaction with a victim, which makes it a violent offense under Illinois law.

• Penalties: Robbery is a Class 2 felony, carrying 3 to 7 years in prison and fines of up to $25,000. However, if the victim is 60 years or older, disabled, or if the offense occurs in a school, daycare, or place of worship, the charge increases to a Class 1 felony, with a potential imprisonment of 4 to 15 years.
• Armed Robbery: If the offender is armed with a dangerous weapon, firearm, or other device capable of causing serious harm, the charge escalates to armed robbery (720 ILCS 5/18-2), a Class X felony, with 6 to 30 years in prison or more, depending on the weapon used.

Burglary in Illinois

In contrast, burglary under 720 ILCS 5/19-1 involves entering or remaining in a building, vehicle, trailer, or structure without authority and aiming to commit a felony or theft inside. Burglary does not require a victim to be present or any use of force. The act of unlawful entry, combined with criminal intent, is enough for a burglary charge.

• Penalties: Most burglaries are classified as Class 2 felonies, punishable by 3 to 7 years in prison and up to $25,000 in fines. If the burglary occurs in a residential dwelling, it becomes a residential burglary, a Class 1 felony, which carries a sentence of 4 to 15 years in prison.
• Aggravated Burglary: If the offender causes injury or possesses a weapon during the offense, the charge may be elevated, resulting in more severe sentencing.

The key distinction lies in the nature of the act. Robbery is a theft-related offense committed directly by a person through force or intimidation. On the other side, burglary involves entering a property with criminal intent, regardless of whether anything was taken or anyone was harmed.

Basically, robbery targets people while burglary targets places. An attorney can explain these differences, potential defense strategies, sentencing guidelines, and plea options associated with the two offenses.

Defending Against Robbery and Burglary Charges in Illinois

Facing a robbery or burglary charge in Illinois can be intimidating, especially because both are classified as felony offenses. A conviction can result in years in prison, huge fines, and a criminal record that impacts employment, housing, and civil rights. However, with a well-prepared defense, it is possible to challenge the prosecution’s evidence and protect your future. Common defenses to robbery charges include:

• Mistaken identity
• Lack of force or threat
• False accusations
• Lack of intent

On the other side, burglary cases hinge on entry and intent, and the defense may focus on showing that one or both elements were not present.

• No Intent to commit a crime
• Permission or lawful entry
• Insufficient evidence
• Constitutional violations

A strategic defense focuses on dismantling the prosecution’s case piece by piece. An Illinois defense attorney can question witness credibility, challenge evidence handling, and expose inconsistencies in police reports.

Facing Robbery or Burglary Charges? Call a Skilled Chicago Defense Attorney

Robbery and burglary charges in Illinois may involve serious felony allegations. It is important to work with a defense attorney to ensure that your rights are upheld and that the prosecution is held to its burden of proof. The Law Offices of Andrew Weisberg stands ready to represent you in your property and violent crimes charges. If you or someone you know is facing robbery or burglary charges in Illinois, call us at 773-908-9811 or contact us online today for a confidential case evaluation.

Burglary is a serious offense in Illinois, with strict laws and significant penalties for those convicted. Sentencing varies based on the type of property involved, any aggravating factors, and the defendant’s criminal history. Understanding these nuances is essential for anyone facing burglary charges.

In Illinois, burglary is defined as unlawfully entering or remaining in a building, vehicle, or other specified place with the intent to commit a felony or theft. It is important to note that the intent alone, combined with unlawful entry, is enough to earn a conviction on burglary charges—even if the intended crime is not completed.

Types of Burglary You Can Be Charged within Illinois

Residential burglary involves unlawfully entering a home or apartment with the intent to commit theft or a felony. It is considered more severe because it involves the invasion of someone’s living space.

Commercial burglary refers to entering a business or other commercial property with the intent to commit a crime, while vehicular burglary occurs when someone unlawfully enters a motor vehicle to commit theft or a felony.

Aggravating Factors of Illinois Burglary Charges

Aggravating factors can lead to harsher penalties. For example, if the defendant was armed with a weapon or committed other crimes like assault during the burglary, the charges could be elevated. A prior criminal record, especially involving violent crimes or previous burglaries, can also result in a more severe sentence.

Illinois law also provides for extended-term sentencing in certain cases. The court may impose a longer sentence if the defendant has a prior conviction for a similar offense.

For a Class 2 felony, this could mean up to 14 years in prison, while a Class 1 felony could lead to a sentence of up to 30 years. Extended-term sentencing is generally reserved for repeat offenders or particularly serious cases.

How Illinois Handles Sentencing for Burglary Convictions

When sentencing a defendant for burglary, Illinois courts consider various factors, including the type of burglary, the defendant’s criminal history, the nature of the crime, any aggravating or mitigating circumstances, and the impact on the victims. Judges have discretion in determining whether to impose prison time, probation, or other conditions based on these considerations.

Let’s start with the types of burglary.

Standard burglary is typically charged as a Class 2 felony, which carries a potential sentence of three to seven years in prison. However, the court may impose probation instead of imprisonment, especially for first-time offenders. Probation might include conditions such as community service, restitution, or mandatory counseling.

Residential burglary is more severely punished as a Class 1 felony, with a possible sentence of four to 15 years in prison. Unlike some other felonies, residential burglary usually does not allow for probation, meaning imprisonment is likely. This reflects the seriousness of unlawfully entering someone’s home, which is considered a violation of personal safety and privacy.

Extended-term sentencing may also be a factor. Extended-term sentencing is generally reserved for repeat offenders or particularly serious cases. How does it work?

For a Class 2 felony, extended-term sentencing could mean up to 14 years in prison, while a Class 1 felony could lead to a sentence of up to 30 years.

With the potential for severe penalties, including extended prison terms, having knowledgeable legal representation can make all the difference in achieving the best possible outcome in your case.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Burglary cases in Chicago, like all criminal cases, hinge on the concept of the burden of proof. Understanding this legal principle is crucial for both prosecutors and defense attorneys as they navigate the complexities of the criminal justice system. In this blog, we will delve into the burden of proof in Chicago burglary cases, exploring what prosecutors must demonstrate to secure a conviction and how defense attorneys work to challenge that proof. Additionally, we will discuss the importance of building a strong defense with an experienced criminal defense lawyer to protect the rights of the accused.

The Legal Principle of Burden of Proof:

The burden of proof is a fundamental concept in criminal law that dictates which party is responsible for presenting evidence and persuading the fact-finder (usually a judge or jury) of the truth of their position. In criminal cases, the burden of proof rests squarely on the prosecution, who must prove the defendant’s guilt beyond a reasonable doubt. This is the highest standard of proof in the legal system and requires the prosecution to demonstrate that there is no other logical explanation that can be derived from the evidence except that the defendant committed the crime.

Expert Testimony:

In some burglary cases, defense attorneys may call upon expert witnesses to provide testimony that challenges the prosecution’s evidence or offers alternative interpretations of the facts. For example, forensic experts may analyze physical evidence found at the crime scene to determine if it supports the prosecution’s theory of the case. Additionally, behavioral psychologists or criminologists may testify about factors that could influence an individual’s behavior, such as mental health issues or external pressures, which may cast doubt on the prosecution’s portrayal of the defendant as a calculated criminal. Expert testimony can be instrumental in undermining the prosecution’s burden of proof and presenting a more nuanced understanding of the circumstances surrounding the alleged burglary.

Constitutional Challenges:

Defense attorneys may also raise constitutional challenges to the prosecution’s evidence or methods used in the investigation. For instance, they may argue that law enforcement officers conducted an unlawful search or seizure in violation of the Fourth Amendment, thereby rendering any evidence obtained from such actions inadmissible in court. Similarly, defense attorneys may challenge the admissibility of statements or confessions obtained from the defendant in violation of their Fifth Amendment right against self-incrimination. By asserting constitutional challenges, defense attorneys aim to suppress evidence that weakens the prosecution’s case and safeguards their client’s constitutional rights.

Negotiating Plea Bargains:

In some instances, defense attorneys may pursue plea bargain negotiations with the prosecution as a strategic defense tactic. A plea bargain involves the defendant agreeing to plead guilty to a lesser offense or accepting a reduced sentence in exchange for concessions from the prosecution, such as dropping certain charges or recommending a lenient sentence. Plea bargains can offer defendants a way to mitigate the consequences of a conviction and avoid the uncertainty and expense of a trial. However, it’s crucial for defense attorneys to carefully weigh the potential benefits and drawbacks of plea bargains and ensure that any agreements reached are in their client’s best interests.

Preparing for Trial:

Finally, defense attorneys must diligently prepare for trial to effectively challenge the prosecution’s burden of proof in Chicago burglary cases. This preparation may involve conducting thorough investigations, interviewing witnesses, reviewing evidence, and developing persuasive legal arguments. Additionally, defense attorneys must skillfully cross-examine prosecution witnesses, present compelling evidence in support of their client’s innocence, and advocate vigorously on their behalf in court. By meticulously preparing for trial, defense attorneys can present a strong defense that challenges the prosecution’s burden of proof and increases the likelihood of a favorable outcome for their client.

The Elements of Burglary in Chicago:

To secure a conviction in a burglary case in Chicago, prosecutors must establish specific elements of the crime beyond a reasonable doubt. These elements typically include:

• Unlawful Entry: The prosecution must prove that the defendant entered a building, structure, or vehicle without authorization or consent from the owner or occupant.
• Intent to Commit a Crime: Prosecutors must demonstrate that the defendant entered the premises with the intent to commit a felony or theft therein. This intent to commit a crime must be present at the time of entry and proven through circumstantial or direct evidence.

Challenging the Burden of Proof:

Defense attorneys play a critical role in challenging the burden of proof presented by prosecutors in burglary cases. They utilize various legal strategies to cast doubt on the prosecution’s case and protect the rights of the accused. Some common defense tactics include:

• Disputing Intent: One strategy employed by defense attorneys is to challenge the prosecution’s evidence regarding the defendant’s intent to commit a crime. This may involve presenting alternative explanations for the defendant’s presence at the scene or questioning the sufficiency of evidence linking the defendant to any alleged criminal activity.
• Questioning Identification: Defense attorneys may also challenge the reliability of eyewitness identification or other forms of identification evidence presented by the prosecution. They may argue that witnesses’ memories are fallible or that identification procedures were flawed, leading to misidentification of the defendant as the perpetrator.
• Exposing Weaknesses in Evidence: Defense attorneys meticulously scrutinize the prosecution’s evidence, looking for inconsistencies, contradictions, or gaps that could weaken the case against their client. They may file motions to suppress evidence obtained through illegal searches or seizures, challenge the admissibility of witness testimony, or present alibi evidence to rebut the prosecution’s claims.

Importance of Legal Representation:

In Chicago burglary cases, the stakes are high, and the consequences of a conviction can be severe. That’s why it’s essential for anyone facing burglary charges to seek legal representation from an experienced criminal defense lawyer. A skilled attorney can thoroughly investigate the facts of the case, identify weaknesses in the prosecution’s evidence, and craft a strategic defense tailored to the specific circumstances. By building a strong defense, individuals accused of burglary can protect their rights, challenge the burden of proof presented by prosecutors, and work towards achieving a favorable outcome in their case.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

When most people think of the holidays, they think of time spent with loved ones as they exchange gifts and eat copious amounts of decadent food! Or perhaps it’s a time of the year when you take some much-needed time off to relax before the new year begins.

Whatever the holiday season means to you, one thing is true in Illinois and across the country: Certain crimes see an increase. These holiday crimes mostly center around property and theft crimes, which makes sense since so many people travel away from their homes.

What are the most common property and theft crimes this time of the year, and what penalties can a person face if convicted of perpetrating one? Read on to find out all you need to know in case you get caught up in these common holiday crimes.

Shoplifting

During the holiday season, stores are typically packed with people shopping and large displays of merchandise meant to entice people to buy. These factors add up to an increase in shoplifting crimes during the season.

Shoplifting in Illinois is possessing merchandise you have not paid for. This crime results in depriving the business of the merchandise permanently. Of course, it’s not simply taking the merchandise without paying for it that counts as shoplifting. So does removing the price tag, altering it in some way, or switching it with another so that you pay a lower price. Removing a device for theft prevention or falsely attempting to return or exchange items can also count.

The penalties for shoplifting in Illinois can vary. It depends on the value of the merchandise the person is accused of stealing. Merchandise worth less than $300 may only result in a Class A misdemeanor, but theft of items worth more than that can be a Class 3 felony. And other factors can play in, too, such as using an emergency exit to take the merchandise from the store – which is a Class 2 felony.

Burglary

With so many people away from their homes this time of the year and leaving behind expensive gifts and merchandise, it’s no wonder that an increase in burglary crimes follows suit.

In Illinois, anyone who enters another’s dwelling without permission and intends to commit another crime upon entry, such as theft, is committing burglary. That’s why you may often see burglary and other theft charges.

Generally, residential burglary in Illinois is a Class 2 felony, but it can be elevated to a Class 1 felony if a personal residence is involved. If convicted of a Class 1 felony, you can spend up to 15 years behind bars for the crime.

Credit Card Fraud

With increased online shopping and using credit cards in person during this time of the year, credit card fraud is too common. This crime can occur in several ways, such as posing the debit or credit card information of someone else with the intent to defraud them, possessing a mislaid or lost card, using a card to commit fraud, and signing the card of another person with the intent to defraud, among many others.

Most cases of credit card fraud in Illinois are classified as at least Class 4 felonies. These crimes are punishable by up to three years behind bars with fines of up to $25,000. Many credit card fraud charges will result in Class 3 or even Class 2 felonies. A Class 3 felony in the state is penalized by as many as five years imprisonment, while Class 2 felonies can result in up to seven years behind bars.

Package Theft

With all those boxes delivered to homes across the state, it’s easy to see how package theft sees a real uptick this time of the year. Before you get into trouble, knowing what package theft can do to your future is a good idea.

Taking a package that doesn’t belong to you from someone else’s porch or mailbox can result in either a misdemeanor or felony charge, depending on the value of the contents of the package. They’ll likely charge a misdemeanor if the value exceeds $500. But if it’s more than that, or multiple packages stolen that add up to more than $500, then it can be a Class 3 felony. Steal packages worth more than $10,000, and you’re looking at a Class 2 felony charge.

About the Author: Andrew M. Weisberg is a former felony prosecutor serving as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In Illinois, certain property crimes are common. “Common,” however, does not mean that they come with light consequences.

While property crimes can be misdemeanors, many can also be felonies. That’s why it’s vital for every citizen to understand common property crimes, including how the law defines them and the consequences of a conviction.

Read on to find out what you need to know.

The Most Common Illinois Property Crimes

The top property crimes in Illinois are:

Burglary

Burglary is an umbrella phrase for different types of property crimes. In general, however, a person commits burglary if they enter the property of another with the intention of committing another crime once there.

While most people think of breaking into someone’s house as burglary, it’s only burglary when they’re breaking into someone’s house to commit a crime, such as a robbery. Simple breaking into a home would be trespass.

In most cases, burglary is a Class 2 felony in Illinois. But it can be raised to a Class 1 felony if the place entered to commit the crime is a school or a place of worship. A Class 2 felony conviction can send a person to prison for up to seven years. If convicted of a Class 1 felony, a person faces incarceration for up to 15 years.

Theft

Theft is committed in Illinois when someone knowing obtains or takes control over the property of another without their authorization with the intent to deprive them of the property permanently.

Theft can be a Class A misdemeanor, or a Class 4, 3, or 2 felony. In some circumstances, it can even be a Class 1 or Class X felony.

What category it falls into depends on the value of the property stolen. If it’s less than $500, then it’s a Class A misdemeanor. Over $500, it turns into a felony, with anything exceeding $1 million considered a Class X felony – a felony that can send you to prison for 30 years.

Motor Vehicle Theft

Motor vehicle theft is much like theft, insomuch as it’s the act of obtaining or knowingly taking control over the property of another without their consent and with the intent to take it from them permanently. It’s simply that in this case, the property in question is a motor vehicle.

Motor vehicle theft penalties hinge on the value of the vehicle taken. Vehicles worth less than $500 typically net a Class A misdemeanor. Any vehicle worth more than that will receive a felony charge.

Even the least severe cases can include sentences up to one year. However, the most serious felonies can send a person to prison for up to 30 years.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Burglary is an oft-misunderstood crime.

Take the case of two 14-year-old boys in McHenry, Illinois. The juvenile suspects were arrested for the destruction of the former Just For Fun Roller Rink. The business had closed permanently in late 2020, and the boys started a fire in the empty rink. The flames quickly got out of hand.

One juvenile was charged with arson, burglary, and criminal damage to property, all felonies of varying classes. The other was charged with criminal trespass, a class B misdemeanor.

Why was one charged with burglary rather than trespassing? Clearly, no theft took place, since the building was vacant. How is that a burglary charge?

Keep reading to gain clarity on how Illinois law defines burglary.

Burglary in IL

Illinois requires two things to happen to constitute a burglary charge:

• You enter or remain on another person’s property without permission.
• You intend to commit a crime on that property.

There’s more to expand here, but this forms the basic divide between burglary and trespassing. Breaking into a property only counts as trespassing. If prosecutors want to pursue burglary, they must prove that you intended to or did commit another crime while trespassing.

More often than not, that crime is theft. That’s why any level of theft, from petty to felony, tends to form the second part of burglary.

For crimes that aren’t theft, they need to reach a felony-level to activate burglary charges.

Many special definitions and terms fall under the act of burglary. Let’s get into those next.

Buildings that Can Be Burgled

You may also wonder if burglary can only happen in a home or business. What makes something a property that can be trespassed? Does it matter if the business is vacant?

Illinois law states that burglary charges can be sought for trespassing the following types of properties:

• Buildings
• Aircrafts
• Boats
• Motor vehicles
• House trailers
• Trains
• Schools
• Places of worship

Most of these would evoke a Class 2 felony charge if prosecuted. The law denotes that the last two property types automatically carry more serious charges. Burglary on the premises of a school or place of worship bumps the felony up to Class 1.

What is Unlawful Entry?

As you can see from the properties list, the owner’s permission forms the sticking point of lawful versus unlawful entry.

According to Illinois law, “entry” occurs once any part of your body crosses the property line. It also extends this definition to any tool you might use to enter the building. For instance, if you break a window with a bat, you have unlawfully entered when that bat makes contact with the glass.

Breaking and entering don’t need to go hand in hand, though. If you walk through an unlocked door or crawl through an open window, you can still face charges of burglary.

Intent to Commit a Crime

How do prosecutors demonstrate an alleged burglar’s intention to commit theft or a felony? In many cases, lawyers can infer the intention by using the linear events of the crime.

Let’s take a common case of theft. It’s obvious that a person who steals while homeowners are away had to illegally enter the house to do it. Therefore, a jury can reasonably convict them of both burglary and theft.

What if that house has an alarm system, and the police arrive at the scene before the alleged burglars escape? Technically, they didn’t complete the crime of theft.

In many circumstances, enough incriminating evidence is present to prove intent: a broken window, possessions moved from their rightful places, perhaps even a get-away driver who can be apprehended and interrogated. Burglary charges could still stand.

For other felony crimes, the prosecution may need to jump through more hoops to show intent. They might lean on physical evidence, like abandoned matches, or circumstantial evidence, like fingerprints in key locations.

For more violent crimes, the evidence may lie in witness testimony.

Penalties for Burglary in IL

There are no misdemeanors for burglary. If you enter a space without permission and commit theft or another felony, you can expect a minimum felony charge.

The charges range by the following standards:

• Burglarizing without causing damage – Class 3 felony
• Burglarizing, including property damage – Class 2 felony
• Burglarizing a school, childcare facility, group daycare home, or place of worship – Class 1 Felony

In relation to these charges, you can expect fines of up to $25,000 and the corresponding penalties:

• Class 3 felony – 2-5 years in prison
• Class 2 felony – 3-7 years jail time
• Class 1 felony – 4-15 years in prison

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In Illinois, a person’s home and property are protected by the law from the unwanted intrusion of other people. That’s why there are separate laws in Illinois for criminal trespass and residential burglary.

If you’re unsure of the difference between these crimes, you’re not alone. Many people don’t understand what each crime is or what penalties they can each bring upon someone convicted of them.

So here’s what you need to know about criminal trespass and residential burglary, how they’re different, and what kind of penalties are associated with each.

What is Criminal Trespass?

Criminal trespass is defined as entering or staying on another person’s property without their authorization and it’s considered a criminal offense. That said, the key to charging someone with criminal trespass and proving it in court is intent.

In order for the trespass to be considered unlawful, the accused must:

• Have knowingly entered the property without permission from the owner
• Have remained on the property after understanding they were no longer welcome on it
• Have been directed by the property owner to stay off the property but ignored it, such as a posted sign, locked building, or fence securing the property

If you wander accidentally onto another person’s property, it won’t be considered criminal trespass because of your intent. However, ignoring signs that declare “no trespassing” as you walk onto someone’s property can be seen as criminal trespass.

In many cases, criminal trespass is a misdemeanor crime.

Residential Burglary

Residential burglary is defined as committing burglary upon the dwelling or residence of another person. As with criminal trespass, the established intent of the defendant matters.

If someone breaks into another person’s home for the purpose of stealing something, then that is considered residential burglary. It can be charged as a misdemeanor or a felony depending on whether the burglary was done with unlawful entry without force, forcible entry, or attempted forcible entry.

Burglary Tools

In Illinois, it’s also considered a burglary crime to possess tools that can be used to gain unlawful entry into another person’s home. This includes tools such as:

• Explosives
• Instruments used for break-ins
• Key
• Tools such as those to pick a lock

If a person is caught with any tools that can assist with burglary, then it can be inferred that they intended the tools to be used to help in the commission of the crime.

Sentencing for Burglary Crime Convictions in Illinois

Beyond basic trespassing, every burglary crime is classified as a felony. Penalties range from a few months to more than a decade behind bars and fines equalling thousands of dollars.

Residential Burglary

Residential burglary can be charged as a Class 1 felony. That makes it punishable by up to 15 years in prison.

Criminal Trespass

This is considered a Class 4 felony in Illinois if the residence is occupied, punishable by up to three years in prison.

If the property is not occupied, then criminal trespass can be charged as a Class A misdemeanor, which is punishable by up to one year in prison or two years of probation with formal supervision.

Burglary Tools

If found in possession of burglary tools, then a person can be charged with a Class 4 felony. This is punishable by up to three years in prison or up to 30 months on probation.

A key factor in prosecutors securing a conviction for entering an Illinois residence illegally is intent. Every single trespassing and burglary crime must have this element present in order to convict. What does this mean for you?

The right Chicago criminal defense attorney will be able to evaluate your case and determine where questions may lie when it comes to your intentions during the alleged commission of the burglary crime.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Take, for example, the case of three teenagers who were arrested in Orland Park after stealing contents from five parked cars that were all unlocked. The vehicles were not otherwise damaged or broken into. The teenagers were simply walking around pulling at door handles to see which ones opened and were able to get into five vehicles over the course of the night.

Or how about what happened in Urbana? During the months of July and August this year, nearly 30 vehicles had items stolen from them. In all but two of these situations, the suspects stole items from within the vehicles once they found that the vehicle doors were left unlocked – just like the other story above. In the other two situations, items were stolen from the beds of trucks. In this crime spree, everything from cash to electronics was stolen, including three handguns.

Sound like theft, right? After all, the thieves didn’t break into buildings – they didn’t “break” into anywhere because the vehicle owners made the mistake of leaving their cars unlocked.

That’s not what their charges say, though. In both cases, the alleged criminals were charged with burglary. Why, exactly?

What Does Illinois Burglary Look Like?

If you asked a hundred people to describe a burglary, chances are good that the majority would talk about a masked man stealthily sneaking into a locked home late at night and stealing all of the valuables – television, jewelry, cash, and so on. While burglary certainly can look something like this, oftentimes, it’s much more simple and discreet than that.

In the Orland Park story above, those teenagers were accused of burglary because they entered into somebody else’s property (a vehicle) without permission to do so, and with the intent to commit another crime (i.e. take somebody’s possessions). Similarly, those situations in Urbana in which everyday possessions were stolen from unlocked vehicles or the exterior of a vehicle also illustrate examples of burglary.

Why? Because the legal definition of burglary is the entering of another person’s property with the intent to commit another crime. If there is no intent to commit a further crime, you’re likely looking at a trespassing charge instead.

Based on that definition, burglary is not restricted only to a home or vehicle, but can also include any building, watercraft, aircraft, trailer, or even a railroad car. As seen from the second story above, it also applies to the exterior of vehicles or buildings, such as the bed of a truck. Burglary can also occur if you were granted entry to someone’s property but “overstayed your welcome” and the permission to enter the property expires.

Other Charges That Can Come with Illinois Burglary Offenses

You might have noticed that we called out the fact that three handguns were taken from unlocked vehicles. This is because burglary of a firearm is a separate and very serious crime: possession of a stolen firearm.

Having a stolen firearm on you or in your possession is a Class 2 felony in Illinois and carries severe consequences. The state takes these crimes very seriously, in part due to the growing prevalence of crimes that are committed with stolen firearms.

In addition, if you are found to have “burglary tools” on you, you are looking at an additional crime with its own set of penalties. Burglary tools can include any sort of key, tool, or other instruments that are suitable for committing burglary (e.g. a crowbar). Possession of burglary tools is a Class 4 felony.

Consequences for Burglary in Illinois

Burglary is generally considered a class 2 felony in Illinois. This level of felony in our state can result in a sentence of 3-7 years in prison and/or a fine of up to $25,000.

However, burglary may also be considered a Class 1 felony in certain situations. Generally, burglaries of a residence, school, or place of worship will rise to a Class 1 felony. Class 1 felonies carry a higher penalty of 4-15 years possible imprisonment, as well as a possible fine up to $25,000 that can be levied.

Fighting an Illinois Burglary Charge

Because the intent to commit a crime is required for a burglary conviction, defendants may be able to prove that there was no such intent. Doing so would likely result in a lesser charge, such as criminal trespassing, which in some cases is only a misdemeanor. Another defense is that the suspect had permission to enter the property.

It’s important to understand the legal definition of burglary as well as the different types of burglary charges. You also need to know what circumstances make it a burglary instead of theft or trespassing, especially if you ever find yourself in the situation of needing to establish your innocence in the face of a burglary charge.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Legally speaking, however, the terms describe three different and specific types of criminal offenses. If you’re facing criminal charges related to stealing something, you need to know the legal definition of each term.

Theft in Illinois

Illinois Statutes Chapter 720 §16-1 defines theft as obtaining the property of someone else through deception or without their permission. “Property” is defined as anything of value.

Theft of property in Illinois includes the following classifications:

• Class A Misdemeanor – property not taken from the person (directly from the person of another) and valued at $500 or less; punishment is less than one year in prison and up to $2,500 in fines.
• Class 4 Felony – property not taken from the person and valued at $500 or less and committed in a place of worship or school, or theft was of governmental property, or theft was committed by a person convicted of a similar crime previously; punishment is 1-3 years in prison and up to $25,000 in fines.
• Class 3 Felony – property taken from the person and valued at $500 or less, or not from the person and valued at $500-$10,000; punishment is 2-5 years in prison and up to $25,000 in fines.
• Class 2 Felony – property taken is valued at $10,000-$100,000; punishment is 3-7 years in prison and up to $25,000 in fines.
• Class 1 Felony – property taken is valued at $10,000-$100,000 and crime was committed in a place of worship or school, or theft was of governmental property; punishment is up to 15 years in prison and up to $25,000 in fines.

Robbery in Illinois

Illinois Statutes Chapter 720 §18-1 defines “robbery” as taking property by threatening to use force or by actually using force. Aggravated robbery, a Class 1 felony, includes the use of a firearm or other dangerous weapon. Robbery is usually a Class 2 felony, but it is considered a Class 1 felony if

• the victim is 60 years of age and over or has a physical disability, or
• the robbery occurred in a school, place of worship or daycare home or center.

Burglary in Illinois

Illinois Statutes Chapter 720 §19-1 states that a burglary is committed when, without authority, a person enters or remains in:

• a building or housetrailer
• a motor vehicle, railroad car, watercraft, or aircraft

Burglary committed in a building or housetrailer is a Class 2 felony. Burglary that causes damage to one of the listed modes of transportation is a Class 2 felony, and if no damage was done, a Class 3 felony. A Class 1 felony has been committed if the burglary occurred in a school, a place of worship, or a daycare home or center.

Statute of Limitations in Illinois

In general, misdemeanors in Illinois have a statute of limitations of 18 months. In other words, once 18 months have passed after the date of a crime, you can’t be charged with that crime. The statute of limitations for felony theft, depending on the value of property stolen, is 18 months, three years, or seven years.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

In Illinois, it is a crime to enter a building or structure without authorization and with the intent of committing a crime once inside, whether that place is a residence, business, school, public facility, place of worship, or even a vehicle.

This criminal act is charged as burglary or residential burglary in our state. Importantly, you do not need to commit a crime or even attempt to commit a crime after gaining entry, so long as the prosecution can prove that you broke in with the intent of committing theft or another felony-level offense.

How exactly can the prosecution prove what you were thinking?

This is often open to interpretation, and prosecutors are notorious for getting creative when it comes to proving criminal intent. This means that it’s very important to understand how prosecutors try to prove intent in a burglary case, as this can mean the difference between a burglary charge and the lesser charge of criminal trespass.

Because of this, we’ve put together a guide covering the elements of burglary in Illinois, including the importance of intent. We also cover how prosecutors attempt to prove intent, and how you can avoid putting evidence of your alleged intent into the prosecution’s hands.

Elements of an Illinois Burglary Charge: Intent is Key

In order to convict a defendant of burglary in Illinois, the prosecution must prove beyond a reasonable doubt that:

• The defendant entered a building or structure without authority, or they remained in the building without authority. There must be evidence that the defendant took this action knowingly and intentionally. Alternatively, if the defendant gains entry to the building or structure by misrepresenting himself, including the pretense of being with a utility or telecommunications worker, this would also be considered unauthorized entry.
• The defendant entered or remained in the building or other structure with the intent to commit a theft or another felony-level offense, such as sexual assault.

In most Illinois burglary cases, proving unauthorized entry is straightforward. However, the element of criminal intent is much more difficult to prove.

If criminal intent can be proven, you may be charged with burglary even if you did not actually steal anything, remove property from the location, or attempt to commit another felony-level offense. The prosecution must only prove that you intended to commit the offense after gaining entry.

If the prosecution cannot prove your criminal intent beyond a reasonable doubt, but can prove knowing and unauthorized entry, you will likely be charged with criminal trespass. This is generally a misdemeanor-level offense, while burglary is considered a Class 1 or Class 2 felony.

This means that intent often becomes very important in burglary cases, and the prosecution may get creative in arguing your alleged criminal intent. Intent is often very much open to interpretation, necessitating an excellent criminal defense attorney, who will be able to cast doubt upon the prosecution’s arguments.

How Illinois Prosecutors Prove Criminal Intent

If there is no evidence that you committed or attempted to commit a theft or felony offense after unauthorized entry, the prosecution will attempt to prove that you intended to commit the crime. This is where a burglary case gets tricky.

Below we cover common means by which prosecutors attempt to prove criminal intent in burglary cases.

Circumstantial Evidence

In some cases, the defendant’s actions are really only consistent with the intent to commit a crime. For example, say that a man breaks into a woman’s house, and the woman catches him in her closet rifling through her things.

They’ve never met before, and the man has no good reason for having entered the property. Most judges and jurors would have a hard time believing that the man had any other intention than to commit a crime.

Similarly, if you are found to be in possession of items suggestive of criminal intent (for example, weapons or a duffel bag to carry out stolen items), this would also be evidence used to prove criminal intent.

Confession

Being taken into police custody is more than a little intimidating. Law enforcement officers are very aware of this, and often intimidate suspects into making confessions while in police custody. Anything said to police can and will be used against you, even if you are flustered and say something you don’t actually mean.

Any time someone is taken into police custody, they’re informed of their Miranda rights, including the right to remain silent, and to have an attorney present during police questioning. These are rights that you should always exercise.

Many times, the police will attempt to coerce suspects into talking without an attorney by suggesting that talking to officers as soon as possible will clear everything up, allowing for the release of a suspect. Officers may also suggest that calling in an attorney is an indication of the suspect’s guilt, and that if the suspect is innocent, no attorney is necessary.

This is not true – even if you are certain that you are innocent, you should always have an attorney present. Anything that you say to police or others that’s suggestive of criminal intent can be used as evidence to prove your criminal intent in a burglary case.

Always remember: in burglary cases, the prosecution will use anything you say or do that’s suggestive of criminal intent to prove this element in a burglary case. This means that your actions become very important should you ever be suspected of burglary. That’s why it’s so important to know and exercise your rights.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If you have been charged with a property crime in Illinois, you need to take it seriously and work to put together the strongest possible defense to fight back. Depending on the nature of your alleged crime, you could be facing years in prison, high fines, and more.

How do you know which strategy is most likely to help in your specific situation? There’s no easy answer, but your best chance at a positive outcome is to work with a Chicago attorney who can point to a track record of success in these types of cases. He or she will be able to look at the facts of your case and craft your defense based on those unique factors.

Still, there are a number of possible strategies that tend to work well in these types of cases, and it’s good to have a basic understanding of the types of arguments your lawyer might make. In this post, we’re going to go over Illinois property crime laws, then detail some of the most frequently used successful defenses.

Property Crimes in Illinois

If someone takes items from another or destroys their property, these acts are considered property crimes under Illinois law. Most of the time, property crimes do not cause injury or harm to another person. Because of this, property crimes need not occur in front of a victim – except in the case of robbery.

Property crimes are typically penalized based on the value of the property that was taken or damaged. If firearms are used in conjunction with the crime, the charges can be elevated.

The most common types of property crimes are vandalism, shoplifting, theft, larceny, burglary, and robbery. Arson is another typical form of property crime.

Because there are so many different types of criminal acts that fall under the umbrella term “property crimes,” the possible defense strategies vary not just by the specifics of your case, but also by the nature of the act. Some of them overlap, but many don’t.

Illinois Theft Charge Defenses

Theft is a common form of a property crime in Illinois. If you are facing theft charges, you may be able to use these defenses for a successful outcome.

Property ownership—You believed the property belonged to you.

Returned property—This defense can reduce the level of your charges.

Entrapment—Government officials induced you to commit theft.

Intent to Return Property—You intended to return the property after a certain period.

Marital Property—You took property from your spouse, which is misappropriation but not larceny.

Consent—The owner of the property provided consent for you to take it.

Duress—You took property because someone else was threatening harm to you.

Illinois Arson Charge Defenses

You need a strong defense to arson charges. One of these defenses may work for you.

Accidental fire—You did not act with intent to set the fire.

Lack of evidence—The prosecution must be able to prove beyond a reasonable doubt that you caused the fire, or the case can be dropped.

Mental incapacitation—You were unable to make sound judgments.

Illinois Burglary Charge Defenses

Burglary is often charged as a felony. A strong defense can get your charges reduced or dropped.

Innocence—You did not commit the acts in question and there is strong evidence to support this.

Consent—The owner of the property allowed you to enter.

Entrapment—Someone threatened harm to you or a loved one unless you committed burglary.

Illinois Robbery Charge Defenses

Robbery is prosecuted as a serious crime because it takes place in the presence of a victim. You will need the help of a skilled attorney to fight robbery charges, likely with one or more of the following defenses.

Alibi—You were not present at the time of the incident.

Duress—You committed robbery because someone else threatened harm to you or a loved one unless you acted according to their demands.

Again, all of these are just examples of strategies to give you a sense of the possibilities and ways that you might be able to argue your case. Doing so effectively – that’s the trick.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If you are facing charges of residential burglary in Illinois, you could suffer serious penalties if you are convicted. Read this post to learn how residential burglary is defined in Illinois, what penalties you could face, and how an experienced attorney can help you fight back.

Residential Burglary in Illinois

Under Illinois state law, residential burglary is defined in two ways:

“A person commits residential burglary when he or she knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another, or any part thereof, with the intent to commit therein a felony or theft.”

“A person commits residential burglary when he or she falsely represents himself or herself, including but not limited to falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another, with the intent to commit therein a felony or theft or to facilitate the commission therein of a felony or theft by another.”

(720 ILCS 5/19-3) (from Ch. 38, par. 19-3)

Importantly, burglary may not necessarily involve theft, which is a separate crime. You can face burglary charges even if you do not commit a crime while inside a residence.

Examples of residential burglary include the following:

• Entering your neighbor’s home with the intent to steal a computer or television
• Entering your family member’s home with the intent to start a fire
• Entering a stranger’s home with the intent to commit identity theft

To be convicted for burglary, the prosecution has the burden of proving that you entered into a residence illegally and that you intended to commit a crime while inside. “Entering” is defined quite loosely, as well – even if all you did was extend your arm, leg, or an object inside a residence, that may be enough evidence to constitute a burglary charge provided you did it intentionally and for the purposes of committing a theft or felony.

Serious Penalties for Illinois Burglary

Residential burglary is categorized as a Class 1 felony in Illinois. If convicted, you will face a sentence of four to 15 years in prison and a fine of up to $25,000. With consequences this serious, it’s important to consult with an experienced attorney as soon as charges are filed against you.

A felony conviction stays on your permanent record. It can have a negative impact on your ability to find employment, secure loans, or obtain quality housing. Convicted felons lose the right to bear arms or vote. You may not be eligible for certain licensing if you have a felony conviction.

To avoid these penalties, you must fight back with the help of an attorney, who may be able to get your charges reduced or dropped.

Avoiding the Penalties Associated with an Illinois Residential Burglary Conviction

Here are a few defense strategies a skilled Chicago criminal attorney may use to help you fight your burglary charges.

• You have a solid alibi.
• You had permission to enter the property.
• You had no intent to commit a crime while on the property.
• The prosecution cannot produce enough evidence against you.
• You were entrapped by law enforcement officials.
• Someone threatened harm to you or your loved one unless you committed burglary.

Will any of these defense strategies work for you? That’s hard to say without knowing the specific details of your case. With penalties as severe as the ones attached to residential burglary, though, you have to try.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

What’s the difference between residential burglary and home invasion? We’ll describe the legal differences and penalties in this post, then explain how a skilled Illinois criminal attorney can help you fight your charges.

Let’s start by looking at a recent case.

Recent Home Burglary Case in Wilmette

A Wilmette woman was recently arrested on three felony charges for home burglary incidents.

One home on Leyden Lane was allegedly burglarized on June 29. The homeowner was a former acquaintance of the woman who he says was looking through items on his bedroom floor. He asked her to leave and she complied, then he called the police to file a report.

On July 1, the owner of a home on Romona Road noticed a broken window and basement door that had been forced open. He reported that the same woman from the June 29 incident was walking outside the window near items that had previously been stored in his basement.

The woman was reportedly seen escaping the scene in a maroon car driven by a man. Police tracked the car and arrested the woman, then chased down the driver to arrest him as well.

What Does Wilmette Case Tell Us about Residential Burglary in Illinois?

According to the law, residential burglary is entering or remaining inside a habitation without permission, and with the intent to commit a felony or theft while inside. A habitation is a home, apartment, trailer, mobile home, recreational vehicle, or any other place where someone lives.

The crime that is committed inside will be penalized in addition to burglary charges. Anyone who pretends to be an employee of a utility company, a construction company, or a government agency to gain fraudulent access to the home can be charged with residential burglary.

In most cases, circumstantial evidence is enough to prove the defendant’s intent to commit a crime while inside the habitation, and the intended crime doesn’t actually have to occur. However, the prosecution must prove beyond a reasonable doubt the defendant’s intent for a conviction to occur.

Residential burglary is a class 1 felony in Illinois. If a conviction occurs, the sentence will include four to 15 years in prison.

How Does Illinois Home Invasion Differ?

Home invasion is entering or remaining inside a dwelling without permission, knowing that people are inside, and then threatening to use force or causing injury to people when inside. This crime is treated incredibly seriously by the Illinois court system.

Home invasion can involve threats made with or actual use of a firearm or other type of weapon, an assault, or sexual crimes. Home invasion is different from criminal trespass or residential burglary because the defendant allegedly acts with knowledge that people are inside the dwelling or habitation and then harms or threatens to harm them.

Home invasion is a class X felony in Illinois. If a conviction occurs, the sentence will be at least six to 30 years in prison, and can be enhanced to 15 to 25 years to life in prison depending on the circumstances.

Knowing the Difference between These Crimes Can Be the Difference

Even though both of these crimes are punished quite severely in Illinois, you can easily see that home invasion comes with more extensive consequences. This means two things:

• You absolutely want to work with a Chicago criminal attorney who understands the difference and will know if the prosecution is charging you with the correct offense – and argue against the charges if they have made mistake.
• Arguing that you actually committed residential burglary instead of home invasion (or fighting for a plea deal that reduces the charges from one to the other) is a worthwhile endeavor because of the difference in the extent of the penalties you face.

Is something like this possible in your situation? The best way to know is to set up a free initial consultation with our office.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Burglary charges are more than just a case of theft. Even a minor burglary charge is a felony crime in Illinois, and the most severe cases could be a Class 1 felony. A conviction may lead to the loss of certain rights, jail time, and heavy fines.

Thankfully, if you have recently been charged with burglary, you have options for fighting these charges and avoiding a felony conviction. Below, we’re going to cover several different potential defenses that a knowledgeable Illinois criminal lawyer might use to help your case.

Many of these defense strategies may also be applied to other Illinois property crimes, but others strictly apply to burglary charges. To find out which of these defense strategies is most appropriate for your case, speak to an experienced Illinois burglary attorney.

Strategies for Beating Illinois Burglary Charges

Lack of Proof

Attacking a single charge can be done by attacking each piece of evidence the prosecution has against you. Without proof that you committed the crime, prosecutors will not be able to secure a conviction.

If, for example, law enforcement found evidence on your property through an illegal search and seizure, they should not be able to use that evidence against you. Taking away each piece of proof until there is nothing left could be the best strategy for your case.

Alibi

Witnesses will claim that burglaries happened on a specific day, or at a specific time when homeowners may or may not have been home. Find out when the alleged burglary happened and gather a list of places you were during that day or time.

Proof of an alibi could be the receipt from a pizza shop a few counties over or the eyewitness account of a friend or colleague who saw you in a different location during the time of the incident.

Faulty Surveillance Cameras

Surveillance camera footage isn’t always the most reliable evidence. You may match the description of the burglar based on the footage, but you may not be the only person to match this description.

If surveillance camera is blurry, or doesn’t clearly show your face, you may be able to discredit the evidence and the prosecution will have no visual evidence to prove that you committed the burglary.

Authorized Entry

Theft and burglary are very similar crimes, but there is one important difference between them:

• Burglary involves the unauthorized entry or occupation of a building or dwelling with the intent to commit a crime inside
• Theft occurs in a place where the defendant was allowed to be.

If you can prove that you were allowed to be inside the space where the alleged burglary happened, you may face reduced charges.

Remember that even if you were allowed in a certain building, but still took property that did not belong to you, you will likely still face criminal charges. (If the value of that property is high enough, you might even still face felony charges in Illinois.)

No Intention to Commit a Crime

Let’s go back to the definition of burglary. In order for someone to be convicted of burglary, a prosecutor will have to prove that they entered a building or dwelling without proper permission and had intention to commit a crime.

Even if you didn’t successfully steal a television or jewelry from the place where the alleged crime happened, you may still be charged with burglary. Only the intention to commit a crime (and this includes illegal acts outside of theft) needs to be present.

Maybe the entry into the building was a mistake. Maybe you were confused or intoxicated. Whatever the reason may be for your entry to commit an alleged burglary, if you weren’t trying to commit a crime, you may be able to walk free.

Tools Were Not Used for Burglary

You may face additional charges just for having a screwdriver or other “burglary tool” on your person, because Illinois has a separate charge for possession of burglary tools.

If you are charged with burglary and had tools or weapons that could arguably have been used to commit the burglary (an ax, a lockpicking kit, even a screwdriver), a conviction may come with more severe penalties. Focusing your strategy into arguing against this charge can help you face a reduced sentence.

Your Best Defense Strategy Is Calling a Skilled Chicago Criminal Attorney

No matter what situation led to burglary charges, your best plan of action involves working with an attorney who has experience in burglary and other property crime cases. You will benefit from their hands-on knowledge dealing with these types of charges.

Don’t waste time, though. Every second you delay allows the prosecution to get more of a head start. Contact an Illinois burglary attorney today.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

There are all kinds of illegal acts that fall under the umbrella of “property crimes” in Illinois, and not all of them are created equal. Depending on what you are accused of doing, you may face a misdemeanor or a felony, and consequences vary quite a bit as well.

Below, we’re going to detail the most common property crimes in Illinois and their associated penalties.

Acts that Illinois Defines as Property Crimes

Arson

A person commits arson by using fire or an explosive device to knowingly damage another’s property without his or her consent. It may involve the destruction of real property (structure or building) or of personal property valued at $150 or more. Arson may be committed with an intent to defraud an insurer and collect payments for damage. Whether the resulting damage is partial or total, arson charges can apply.

Aggravated arson is charged when it involves a structure where people are present, where someone suffers great bodily harm, or an emergency personnel worker is injured as a result of the arson.

Additionally, possession of an explosive or incendiary device with an intent to commit a felony is punishable by Illinois law.

Theft General theft is defined as such under the Illinois statutes:

“A person commits theft when he or she knowingly:

• Obtains or exerts unauthorized control over property of the owner; or
• Obtains by deception control over property of the owner; or
• Obtains by threat control over property of the owner; or
• Obtains control over stolen property knowing the property to have been stolen; or
• Obtains or exerts control over the property in the custody of any law enforcement agency and

1. Intends to deprive the owner permanently of the use or benefit of the property; or
2. Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or
3. Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.”

Theft crimes are punishable by the value of the item or items in question.

Destruction of Property

Illinois law says that criminal damage to property occurs when a person knowingly damages or defaces another’s property with fire, explosives, or offensive smells; knowingly injures another’s domestic animal without consent; or damages or opens a fire hydrant.

Burglary

Burglary is the crime of knowingly entering or remaining in a building, structure, or vehicle with the intent to commit a felony or theft while inside. It includes crimes in aircraft, watercraft, and railroad cars.

Fraud and Identity Theft

Certain instances of fraud and identity theft could qualify as property crimes under Illinois law. An example would be committing arson to defraud an insurer.

Penalties for Illinois Property Crimes

The penalty for a property crime conviction normally depends on the value of the property, whether violence occurred, and whether anyone was injured. The more serious the crime, the more likely it is to be categorized as a felony.

Arson is a Class 2 felony. It is raised to a Class 1 felony if committed in a house of worship. Aggravated arson is a Class X felony.

Possession of explosive or incendiary devices is a Class 1 felony with a minimum sentence of four years in prison and a maximum sentence of 30 years.

Theft is a Class A misdemeanor for property valued at $500 or less, and a Class X felony for property valued at over $1 million.

A conviction for burglary is a Class 3 felony if no damage occurs. If damage occurs, it is a Class 2 felony. Burglary is a Class 1 felony if committed in certain locations.

Criminal damage to property ranges from a Class B misdemeanor to a Class 1 felony, depending on the charges. Additional fines and/or community service hours may be added to the sentence.

Seek Legal Help for Property Crime Charges in Illinois

It’s important to contact an experienced Illinois criminal defense attorney as soon as charges of property crimes are filed against you.

You may face jail or prison, high fines and long probation periods. These penalties can significantly lower your quality of living. A skilled lawyer can help you form the strongest defenses to your charges to provide the best possible outcome.

Call today for a free case review. We will work hard to protect your rights and your reputation.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Recently, there have been a number of residential burglary charges filed in Chicago where the defendants were hit with multiple counts.

What does that mean?

In this post, we’ll describe the residential burglary laws in Illinois and their penalties – including how multiple counts work, and what you can do to protect your rights if you are charged with this crime.

First let’s look a couple of those recent cases.

Recent Chicago Burglary Cases

In mid-January, two burglaries occurred on the Northwest Side of Chicago in the Budlong Woods area. Police are looking for suspects in these cases, which involved breaking into homes through the front door before stealing items inside. The two incidents happened only blocks from one another. If the same individuals are arrested for both burglaries, they could face multiple counts and additional penalties.

In another case, two individuals were charged with burglarizing homes in the Riverside area. Vincent A. Lamanna, 21, and Laura L. Sandora, 46, confessed to committing a series of burglaries in the area in January. Several area residents filed reports of break-ins and theft of jewelry and cash.

Lamanna was charged with two counts of residential burglary along with other charges of criminal trespass and possession of drug paraphernalia. Sandora was also charged with two counts of residential burglary, in addition to various drug possession charges.

Definition of Residential Burglary

According to the Illinois statutes, residential burglary is committed when an individual “knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another, or any part thereof, with the intent to commit therein a felony or theft.”

An individual also commits residential burglary when “he or she falsely represents himself or herself, including but not limited to falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another, with the intent to commit therein a felony or theft or to facilitate the commission therein of a felony or theft by another.”

Penalties for Residential Burglary and the Problem of Multiple Counts

Residential burglary is a Class 1 felony in the state of Illinois. This is a serious charge which can result in 4-15 years of prison time and up to $25,000 in fines if an individual is convicted on the charges.

Facing multiple counts of residential burglary puts you in a serious legal bind – especially if you have a prior criminal history. The judge will consider these elements when setting your bail. Your bail amount will likely be significantly higher with multiple counts and/or prior criminal history. Expect a normal bail amount to be up to four times higher with multiple counts.

Your multiple counts will normally be combined into single court appearances for all the charges at once. The judge will look at your most serious charge and address it first.

Several outcomes could potentially result. You might be found not guilty on all counts and face no penalties for your charges. You could be convicted for some counts but not others, and receive penalties only for the convictions. Or you might be convicted on all counts, which would likely result in incredibly severe consequences.

How severe? According to the judge’s discretion, you may receive a unique sentence for each of your charges, and these sentences can be served concurrently or consecutively – meaning, say, you finish one 15-year prison term and go straight into the next one.

Additionally, when you are facing felony charges for residential burglary, you can expect that the maximum sentence will be issued on each of your charges.

Get Legal Help for Multiple Counts

It’s essential for you to contact an experienced Chicago felony crimes attorney as soon as charges are filed against you. When you are facing multiple counts of a certain crime, or multiple counts of one crime and additional charges for other crimes, you need someone by your side who has successfully handled cases like these before.

A knowledgeable criminal lawyer will assess the details of your case and form the best possible defense for you. It’s possible that multiple counts could be reduced to lower sentences. Your attorney may be able to work out a plea bargain to shorten your incarceration time.

Bottom line? Multiple count cases are complex, and you will benefit from the help of a seasoned attorney.

No matter how many counts you are facing, give us a call for a free, no-obligation consultation. With our help, you can receive the best possible outcome for your case. Don’t wait to call us today and schedule an appointment.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Technology has changed how police officers do their jobs in ways big and small, and for the most part this is a good thing. The more technology that is available to law enforcement officers, the more likely it is that they (along with the community at large) will be able to catch a criminal.

One example of how the police of today use technology: when was the last time you noticed a “Wanted” poster hung up around town? Probably a while. Because it’s not really done.

What are cops doing? In many cases, suspect information and surveillance videos are simply posted on Facebook. And it’s working.

Facebook: Taking Crime-stopping to the People

Kincaid, Illinois is a small town in the middle of our state, about a three-hour drive from Chicago. In early January, the town’s Kincaid Diner was robbed. The glass in the front window was busted and the cash register was completely removed.

A similar crime had also been committed multiple times at the Phillips 66 gas station across the street. Police had a surveillance video of the crime, but it was hard to identify the man in the video and make a proper arrest.

So they went to Facebook.

The Kincaid Police Department put the surveillance video online and within a few days, the video was viewed 11,000 times and had generated 50 tips. To put that in perspective, Kincaid only has a population of around 1,500 – it’s a small community. Using those tips, the Kincaid Police were able to take 35-year-old Robert Burke into custody for the burglary.

To Catch A Criminal… On Facebook

The police department in Kincaid said that Facebook has become the most convenient way for police to catch burglars. Shockingly, about half of all burglary arrests come from tips over social media.

Police departments all over – not just in Kincaid, or even Illinois – have been embracing social media as a crime-fighting and criminal-catching tool. There are many strategies used by law enforcement to nail suspects online, including:

• Posting surveillance videos or police drawings online and asking the public for tips or information
• Creating fake accounts to add suspects on Facebook and look for possible evidence
• Creating databases of information when large groups of suspects (i.e. gangs) are involved. Information may include phone numbers, public disputes between suspects, and so on.

Even if a surveillance video is not used to initially arrest a person, social media may serve as evidence in a trial. It’s not just burglary, either. Social media has been used as evidence in cases ranging from burglary to murder to DUI.

In 2012, for example, a Philadelphia blogger was charged with two counts of criminal solicitation to commit murder, three counts of terrorist threats, and three counts of harassment. In court, prosecutors used Facebook pages that he created to encourage the murder of police officials, as well as a page called “Kill Mitt Romney.”

What This Means for You

After an individual is indicted, their defense attorney, as well as the prosecution, will be able to collect evidence to be used in a trial. If you have been charged with a crime and your criminal defense lawyer is beginning to collect evidence, do not hide your social media profile from them.

Instead, let your lawyer know what information exists on your Facebook, Twitter, Instagram, or other social media accounts. Give them full access so they may advise you on what to do with your accounts, and prepare for the prosecution to bring up social media posts that could incriminate you.

Also, don’t think that prosecutors can’t access your accounts because your profile is private. Law enforcement officials and prosecutors are smarter than you might think. Do let your lawyer know how private your accounts are, though, because prosecutors may obtain social media information unlawfully.

If you have been charged with a crime and believe that social media may play a role, get in touch with our office immediately to talk about your options.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If you are arrested for burglary, the police will most likely go through the possessions you have on hand or in your vehicle to return any items that you stole. During this search, law enforcement may also find reasons to charge you with additional crimes.

How so?

Burglary is a class 2 felony in Illinois. But possession of burglary tools is a completely separate charge – a class 4 felony.

In other words, if the police arrest you on burglary charges and find a screwdriver, lockpicking kit, crowbar, or other items defined as “burglary tools” in your possession, you will face a class 4 felony charge in addition to the class 2 felony charge for burglary. Class 4 felonies have penalties including one to three years in prison.

Understanding Possession of Burglary Tools Charges

Under the definition of burglary, Illinois law defines “possession of burglary tools:”

“A person commits possession of burglary tools when he or she possesses any key, tool, instrument, device, or any explosive, suitable for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any depository designed for the safekeeping of property, or any part thereof, with intent to enter that place and with intent to commit therein a felony or theft.”

Does this mean that if the police pull you over for speeding and find your tool kit in your car, they can arrest you for possession of burglary tools?

Not exactly.

What turns hammers, screwdrivers, lockpicking kits, and other items into burglary tools is the intention to use them to commit burglary (or related crimes.) That is allows the rules on what might or might not be a burglary tool to be so expansive. As long as the intention is there, all kinds of things can be considered a burglary tool.

So let’s talk about intention for a second. Most of the time, these items don’t come into question unless a burglary is taking place. Either someone is actually using the tools when they are caught or a situation like the above-mentioned one occurs where they’re caught burglarizing a building and their property is searched.

However, it is not unheard of for people to be charged with possession of burglary tools even if they have not broken into a building. Other types of theft charges have been paired up with possession of burglary tools as well. Remember, there are very slight differences between the definition of crimes like burglary, trespassing, robbery, and theft. If someone is caught for a related type of crime like theft and “burglary tools” are discovered in their possession, it may be enough to show intent.

Unlawful Sale of Burglary Tools

Another additional charge that can be issued is the “unlawful sale of burglary tools.” Rather than merely having tools in your possession with the intention of using them, unlawful sale involves a transaction for the charge to apply.

But this charge doesn’t use “burglary tools” in the same way as the above charge. Selling a screwdriver or hammer is certainly not a crime – you would have no way of knowing the buyer’s intention for that tool!

However, selling a key that is specifically designed for lockpicking, or selling lockpicks that have been manufactured or altered for the purpose of breaking into locks and committing burglaries – those things are crimes.

Unlawful sale of burglary tools is also a class 4 felony.

If you are charged on crimes related to possessing or selling burglary tools, you have options. Talk to a skilled Illinois burglary lawyer to learn more about defending against these charges and protecting your future.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

But each crime has its own set of penalties and appropriate defense strategies; if you are charged with any kind of property crime, it is important to know what the charge consists of so you can work with a criminal attorney to begin crafting a strong, effective defense.

In this post, we will talk about the difference between burglary and trespassing and what you need to know about each to protect yourself from conviction.

Trespassing in Illinois

In Illinois, you have committed criminal trespassing if you:

• Knowingly and unlawfully enter or remain within or on a building
• Enter the land of another after receiving prior notice that entry is forbidden
• Remain on the land of another after being asked to leave
• Use fraudulent documents/identification to obtain permission to enter/remain in a building

Basically, if you go on private property without authorization from the owner, or stay there after being kicked out, you’ve committed trespassing.

The Purple Paint Law. You may not know that you are trespassing on private property if there aren’t clear “No Trespassing” signs around. Unfortunately, not having these signs will not get you off the hook. In Illinois, there is an alternative way to mark private property that isn’t so widely known: purple paint.

In 2013, Governor Quinn signed SB 1914 (the “Purple Paint Law”) into law. It gives property owners the option of marking trees or posts with purple paint to designate where their private property begins.

This may be an important factor in a trespassing or burglary case in which the property was marked by purple paint. If you were not aware of this rule or the property owner did not abide by the guidelines of the Purple Paint Law, you may be able to use that information in your defense.

Also keep in mind that the Purple Paint Law does not apply in Chicago.

Penalties for Trespassing. Trespassing seems like a simple offense, but it still carries with it a serious charge. Trespassing is either classified as a Class B or Class A misdemeanor, and could mean you will be facing up to a year of jail time.

Burglary in Illinois

If you are charged with trespassing, you may or may not face additional burglary charges. It all depends on one question: did you intend to commit a crime?

That’s the big difference between burglary and trespassing: trespassing is the simple act of unlawfully entering another person’s private property. Burglary is the act of unlawfully entering another person’s private property with the intention to commit a crime.

Penalties for Burglary. Since burglary involves more criminal activity than trespassing (or at least the intention), there are more severe penalties for individuals who are convicted on burglary charges. But there are different types of burglary, and they come with different penalties.

Most burglary charges (if this is your first offense) are considered a Class 2 felony. If convicted, you may face between 3-7 years of prison and fines of up to $25,000.

If the burglary was committed at a school, child care facility, or place of worship, the charge may be bumped up to a Class 1 felony. If convicted, you may face between 4-15 years and fines of up to $25,000.

There are also separate charges and penalties for the possession or unlawful sale of burglary tools. You can read more about these charges in previous blog posts.

Defenses to Burglary and Trespassing Charges

Obviously, felony charges are very serious. You want to fight against them with a strong defense. If you have been charged with burglary, knowing the difference between burglary and trespassing crimes may help you to reduce your sentence. There are also a few other strategies you could use to reduce your sentence or prove your innocence.

Lack of Intent (Burglary) – If you did not intend to commit a crime while you were in the building or on the property in question, you have not committed burglary. Remember, it is up to the prosecution to prove intent – not you to prove lack of intent.

Lack of Intention (Trespassing) – If you did not know that the area you were occupying was private property, you may be able to argue that there was no intention or knowledge of unlawful activity. This is especially important if a property is marked with purple paint.

You Were Given Authorization – If you were given any sort of permission or authorization to enter the property in question, you have not committed trespassing or burglary.

For more information and defense strategies relevant to your specific case, contact an Illinois criminal lawyer today.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Most people think of burglary as sneaking into a building to steal something. But while that’s true, our state actually has laws for a number of related charges. Because of this, you may find yourself facing a burglary charge for something you didn’t even know was a crime.

Below, I’m going to go over several different types of Illinois burglary charges to help you better understand why you may have been charged and what you are up against.

Burglary. Under Illinois law (720 ILCS 5/19-1), it states that a person commits the crime of burglary when he or she knowingly enters a building, watercraft, house trailer, railroad car, or motor vehicle without authorization or authority, and with the criminal intent to commit a theft. This offense of burglary does not include any offenses presented in Section 4-102 of the Illinois Vehicle Code.

If a burglary is committed in a school, day care home, day care center, group day care home, part-day child care facility, or in a place of worship, the theft is raised to a Class 1 felony. This does not include child care facilities operated in private residences also used as dwellings. To prove a burglary, an Illinois prosecutor must show that the defendant entered the property without permission or stayed after permission expired.

The punishment for a burglary charge in our state depends on the class of felony. Most Burglary charges in the state are considered Class 2 felonies, which carry a prison sentence of 3 to 7 years. If the offense was committed in a child care facility or place of worship, the charges may be elevated to a Class 1 felony. In Illinois, a Class 1 felony can carry a prison sentence of 4 to 15 years.

Possession of Burglary Tools. Criminal statute 720 ILCS 5/19 2 says that a person has committed an offense of Possession of Burglary Tools if they possess a tool, device, instrument, or explosive (including lock picking tools) suitable for breaking into a building, watercraft, house trailer, motor vehicle, or air craft. That person must also enter the property with the intent to commit a theft or felony. In most cases, Possession of Burglary Tools is considered the least serious of Illinois burglary charges.

Someone charged with Possession of Burglary Tools will typically receive a Class 4 felony. In Illinois, such a charge carries a potential prison sentence of 1 to 3 years.

Unlawful Sales of Burglary Tools. A person has committed the offense of Unlawful Sales of Burglary Tools (720 ILCS 5/19-2.5) when he or she knowingly transfers or sells any key used for breaking into a building, watercraft, house trailer, motor vehicle, aircraft, or railroad car. This also includes any depository that is specifically designed for the safekeeping of various property.

Like a Possession of Burglary Tools charge, an Unlawful Sales of Burglary Tools charge is considered a Class 4 felony. This charge carries a possible prison sentence of 1 to 3 years. A person may be able to fight a Possession of Burglary Tools charge if he or she can demonstrate why there is a legitimate reason for being in possession of these tools. For example, a professional locksmith would be expected to have such tools.

Residential Burglary. 720 ILCS 5/19-3 defines a Residential Burglary as when a person knowingly enters a dwelling place of another without authority and with the intent to commit a theft or felony. A burglary of an individual’s home is considered more serious than a burglary of a business or similar property. To be convicted, a prosecutor must prove beyond a reasonable doubt that you intended to commit a theft or felony.

Unlike more minor crimes, probation is not available in the case of a residential burglary. If convicted of a residential burglary in Illinois, you may be looking at a Class 1 felony, which carries a possible prison sentence of 4 to 15 years. With an experienced lawyer by your side, you may be able to have the charges reduced from a residential burglary to a regular burglary or criminal trespass.

Criminal Trespass to a Residence. A person has committed a Criminal Trespass to a Residence (720 ILCS 5/19-4) when he or she knowingly enters or stays within a residence that belongs to another person without authority. In the case of a multi-unit residential complex or building, the portion of the complex or building which is the actual dwelling place of any person is considered in a charge of Criminal Trespass to a Residence.

The punishment for a conviction of Criminal Trespass to a Residence is typically a Class A misdemeanor or a Class 4 felony. If convicted of a Class A misdemeanor, the sentence may be up to one year in jail. Court supervision may be available as an alternative to jail. If convicted of a Class 4 felony, you may be looking at a possible 1 to 3 years in jail. Probation may be available as an alternative.

Other related charges include criminal fortification and home invasion. If you’re having trouble understanding your charges, get in touch with a knowledgeable Illinois burglary lawyer as soon as possible.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.