How Does Sentencing for Burglary Work in Illinois

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.