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.

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.

If you are charged with residential burglary, several strategies may be available to help you in getting your charges dropped, dismissed, or reduced, or in avoiding conviction at trial. In two recent Illinois cases, a few of these strategies came into play.

In one case, a 19-year-old male and a female juvenile had been present at a pool party in Walnut Hill. The two allegedly returned later to steal items and cause property damage. Marion County State’s Attorney Bill Milner originally filed home invasion charges against the pair, but then decided to reduce the charges to residential burglary since they had initially been granted permission to enter the home.

In another case, three Illinois football players were charged with residential burglary and aggravated robbery. They allegedly broke into another student’s dorm room wearing masks and toting a BB gun, though the alleged victim thought it was real. While the players went through the victim’s belongings, he recognized one of the players by voice. The players said they were not intending to commit a crime and only wanted to play a prank on the alleged victim.

What Is the Legal Definition of Residential Burglary?

Let’s take a look at what constitutes residential burglary in our state. Illinois statutes describe residential burglary as entering a building or structure with the intent to commit theft. Penalties increase if the burglary site is a school, daycare, or place of worship. Additional charges arise if a burglary tool was used. If you break into a building that is not a place of residence, it is termed a general burglary.

By contrast, home invasion is committing a burglary when you know someone is in the building. Burglary may be termed a home invasion if a firearm is present, if force is used or threatened, or if you injure or sexually assault someone in the building.

Sentencing is three to seven years in jail for general burglary, four to 15 years for residential burglary, six to 30 or more years for home invasion, and one to three years for possession or sale of burglary tools. All of these charges are felonies.

Your residential burglary charge may be dropped or reduced using these six strategies:

1. Claim innocence. You will need to convince the jury that you did not participate in the acts under prosecution.
2. Create plausible doubt. You may have an alibi or other sensible explanation to refute the charges. You must be able to prove that you are innocent beyond a reasonable doubt.
3. Call evidence into question. If you can prove that the evidence is faulty, you may have a way to fight the charge.
4. Admit behavior, but not intent. To receive a reduced sentence, you may agree that you committed the crime of trespassing, which is entering a property without permission. Trespassing is a misdemeanor instead of a felony, so this charge is definitely preferable.
5. Use the defense of intoxication. If you were under the influence of a controlled substance, you may be able to fight the charge that you intended to commit a crime.
6. Use the defense of entrapment. Even though this is a tough defense to prove, your situation may warrant the argument that someone else forced you into participation against your will.

When you face a charge of residential burglary, you need experienced legal counsel to help you. Contact us today for a free legal consultation, and we will work to protect 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.

The Christmas and New Year’s holidays saw a rise in burglaries all over Illinois. During this time, cars and homes might have been targeted due to an increase in the presence of money or expensive gifts.

If you have recently been charged with a burglary crime – especially a residential burglary crime – it’s important to understand both the charges and the penalties associated with those charges.

Burglary vs. Residential Burglary

Generally speaking, burglary is committed when a person enters or stays in a building or vehicle (or any part of a building or vehicle) without permission and with the intent to commit a theft or felony crime. If the building is a school, day care center, or place of worship, burglary charges are taken even more seriously.

A residential burglary charge takes place when someone enters or remains inside someone’s dwelling without permission and with the intent to commit a theft or felony crime. A dwelling can be a house, apartment, trailer, mobile home, or any place where a person lives or plans to live.

Someone impersonating a government employee or an employee of a construction or utility company in order to commit a crime inside someone else’s dwelling can also commit residential burglary.

If you break into someone’s house with the intent to steal a computer, you’ve committed a residential burglary. If you break into a vacant or uninhabitable building with the intent to commit a crime, you’ve committed burglary since a vacant building is not a dwelling.

So a burglary charge is different from a residential burglary charge. And you can only commit one of the crimes depending on the type of building you entered or remained in.

It is also illegal in Illinois to possess burglary tools. A burglary tool is any tool, key, explosive, or instrument that can be used to break into a building or vehicle with the intent to commit a crime.

Home Invasions

If a residential burglary involves violence or other acts, the burglary can become a home invasion.

Home invasions are treated as very serious crimes. Home invasions are essentially residential burglaries, but with a few additions. With a home invasion, the offender knows that someone is home. A residential burglary can also become a home invasion if the defendant:

• Has a firearm or other weapon and uses force or threatens to use force
• Injures someone in the dwelling
• Uses force or threatens to use force and fires a gun
• Commits a sex crime

Since part of a home invasion charge involves knowing that someone is home, an offender could possibly beat a home invasion charge by leaving the house or surrendering once he realizes the house isn’t empty. While this might clear you of a serious home invasion charge, you may still be charged with a lesser offense such as trespassing.

Trespassing is a crime where someone enters onto property without the owner’s permission. Residential trespass is where someone enters or stays in someone else’s residence without permission. If someone is at home during a residential trespass, it will be punished more severely than if the residence was empty.

Burglary Penalties

Depending on the type of building and whether the building was occupied can dramatically change your charge and punishment.

General burglary is a Class 2 felony punishable by 3 to 7 years in jail.

Residential burglary or burglary of a school, day care center, or place of worship is a Class 1 felony and punishable by 4 to 15 years in jail.

Home invasion is a Class X felony punishable by 6 to 30 years in jail. Sometimes additional terms of 15 to 25 years to life could even be added depending on the specific circumstances of your case.

Trespassing is a Class A misdemeanor punishable by up to one year in jail, a fine up to $2,500, and up to 2 years of formal supervision probation. Residential trespass where someone is at the home is a Class 4 felony punishable by 1 to 3 years in jail.

Possession of or the sale of burglary tools is a Class 4 felony punishable by 1 to 3 years in jail.

If you have been charged with a residential burglary crime or a similar burglary crime, you should contact an experienced burglary lawyer to understand your rights. Depending on the circumstances of your case, a lawyer can help to reduce your charges or possibly get them dropped or dismissed.

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.

The recent arrests were the result of an investigation of a string of residential burglaries in the Chicago suburbs. Police believe that the two suspects who have been charged were responsible for at least four different residential burglary incidents, but the investigation is still ongoing, and law enforcement authorities have not yet determined the number of counts of residential burglary that the 24-year-old and 23-year-old might face. Police had the two suspects under surveillance and allegedly caught them in the act of burglarizing a condo. The two tried to flee the scene, but were apprehended by police.

A Chicago residential burglary lawyer such as Andrew M. Weisberg can be of great assistance to anyone facing residential burglary charges. As a former prosecutor, Mr. Weisberg understands all of the arguments and tactics that the prosecution may try to use against you to obtain a conviction. Because residential burglary lawyer Weisberg has successfully defended numerous clients in similar cases over the years, you will have the benefit of his extensive legal knowledge and experience. Call the Law Offices of Andrew M. Weisberg today to get the help you need in defending yourself against residential burglary charges.

No matter how straightforward or complex your charge, Andrew M. Weisberg is a Chicago residential burglary lawyer known for tough, aggressive defense. A former felony prosecutor, Attorney Weisberg has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations. To contact Mr. Weisberg, visit / or call his cell phone 24/7 at (773) 908-9811 or Text LAWYER to 25827 for prompt call back. The consultation is free.