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.

To the Chicago residents packed tightly together at the Lake Shore Park field house this January, a rash of recent robberies is all that’s on their mind. They want to know how to prevent themselves from being targeted and what they can do to bring these robberies to an end. Most importantly, they want to know how police are going to help.

These concerned Chicago citizens have reason to worry. Robberies in the state have been on a steady decline since 2016, but robberies in some of Chicago’s most prosperous neighborhoods seem to be on the rise.

What many don’t realize is that it is not just the robberies themselves they should be worried about. Often, when a specific area is called out for crime, law enforcement officials tend to focus efforts there. This can lead to a decrease in criminal activities, but far too often crackdowns like these result in overzealous policing.

If you find yourself accused by the police – or even charged – what should you do? Here’s what you need to know about Illinois robbery law, charges, and associated penalties.

Illinois Robbery: What the Law Says

In Illinois, robbery is considered a violent crime. The state recognizes three different types of robbery charges: robbery, armed robbery, and aggravated robbery.

Robbery is defined as a person knowingly taking someone else’s property by threat or force.

Aggravated robbery is defined the same as robbery, but with a few more conditions such as:

• Threatening with a weapon – even if they don’t actually have a weapon on them
• Threatening another with a controlled substance
• Giving a controlled substance to another without consent

Armed robbery is committed when a robbery is committed and:

• A dangerous weapon is involved
• A firearm is involved
• A firearm is discharged
• A firearm is discharged and results in permanent disfigurement, bodily harm, permanent disability, or even death

Finally, if a robbery is committed and the property stolen is a motor vehicle, then a person can be charged with vehicular hijacking or aggravated vehicular hijacking if:

• The victim is disabled or over the age of 60
• There is a passenger in the vehicle under the age of 16
• A firearm was involved
• A firearm was discharged
• A discharged firearm resulted in bodily harm, permanent disfigurement, permanent disability, or death

How Illinois Penalizes Robbery

Every type of robbery is a felony in the state of Illinois. The type of robbery committed determines the felony level of the crime.

Class 2 Felony

Robbery is a Class 2 felony. If found guilty, you can be sentenced to 3-7 years in prison and a maximum fine of $25,000. Upon release from prison, there is a mandatory parole period of two years.

Class 1 Felony

If the victim of the crime was over the age of 60 or disabled or the crime occurred in a daycare facility, school, childcare facility, or place of worship, then it can be elevated to a Class 1 felony, punishable by 4-15 years in prison and a maximum fine of $25,000. It also carries the same parole period after release from prison as a Class 2 felony. Vehicular hijacking and aggravated robbery carry the same penalties as a Class 1 felony.

Class X Felony

Armed robbery is referred to as a Class X felony. The sentence for it is dependent upon the nature of the robbery and is punishable by anywhere from 6-55 years to life in prison. How heavy the sentence depends on the extent of the force used and/or the way the weapon was used during the crime. Class X felonies carry a maximum fine of $25,000 and a three-year mandatory parole period after release. Aggravated vehicular hijacking is a Class X felony as well.

As you can see, robbery is taken very seriously in Illinois. It’s important to know the legal penalties in case you ever get caught up in this situation, as well as what you can to do defend yourself and beat your charges.

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.

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.

While internationally renowned for its influential comedy scene, groundbreaking food and drink venues, and diverse neighborhoods, Chicago is also known for its high crime rates. In response to the prevalence of gang violence, sex trafficking, and drug use throughout the city, local police and public officials have invested millions of dollars hunting down and incarcerating criminals.

[clickToTweet tweet=”Each day, hundreds of residents are arrested in Chicago and its surrounding areas for a wide range of crimes.” quote=”Each day, hundreds of residents are arrested in Chicago and its surrounding areas for a wide range of crimes.”]

According to FBI statistics, there are certain types of criminal arrests and charges that have been more common than others in Chicago for the last several decades.

Below, we’ve listed the most common types of criminal charges in the city.

Theft crimes. Murders may make national news, but theft and larceny are far more common crimes in the Chicago area. Theft can refer to a variety of charges involving dishonest acquiring of property. Examples of theft crimes include shoplifting, pickpocketing, and larceny. Generally, charges are dependent upon the type of property taken, the value of that property, and the location where the theft took place.

Burglary. Burglary is the second most common criminal charge in Chicago, and is punishable by prison sentences and steep fines. Burglary occurs when someone enters a building, motor vehicle, or other structure without permission with the intention of committing a crime. Burglary charges are elevated if the alleged crime occurs in a school or place of worship. The most serious burglary occurs when someone breaks into a residential home with the intent of committing a felony or theft, either by force or deception.

Motor vehicle theft. This type of crime involves the act of stealing or attempting to steal a car. In Illinois, motor vehicle theft is prosecuted under general theft. However, the law does contain statues pertaining to carjacking and failing to return a vehicle. A person may be charged with failure to return a vehicle if they do not return a vehicle within 10 days of a written demand from the owner to do so, or if they supply false information when renting a vehicle and fail to return the vehicle within 24 hours of the owner’s written request. A person commits carjacking when they use force to take a vehicle from another.

Aggravated Assault. The third most common criminal charge in Chicago covers a wide range of criminal behaviors. Aggravated assault involves an attempt to cause serious bodily harm to another, typically using a deadly weapon. Deadly weapons include guns and knives, as well as commonplace items that are used as weapons in the crime. It is possible to be charged with aggravated assault without actually causing physical harm to the other person.

When You are Arrested or Charged With a Crime in Chicago

With crimes like theft, burglary, and assault running rampant in our city, law enforcement officials are cracking down on these and other crimes. While taking a tough stance on crime helps to keep our city safe, it can also lead to a lot of undue arrests, charges, and convictions. In their haste to combat crime and make arrests, overzealous police officers may charge innocent people with serious crimes.

That’s why it’s important to be aware of your rights, and follow these steps when arrested or charged with a crime in Chicago.

Stay calm. It’s important to maintain control of your words, movements, and body language, and do not let your emotions dictate your actions. Do not attempt to run, refrain from making sudden movements, and never put your hands in your pockets. Do not resist arrest, even if you are innocent.

Invoke your right to remain silent. Regardless of the charge you are facing, it’s almost always in your best interest to remain silent. Even an offhand comment or an answer to a seemingly harmless question can be used against you in the future. When the police question you, politely tell them you choose to consult with an attorney before speaking with them. The only information you may provide is your name and address. You should also submit to having your photograph and fingerprints taken.

Get your arresting officers’ information. If you can, record the names and badge numbers of the police officers who arrested you. It is your legal right to do so.

Contact an attorney. After an arrest, police officers should allow you to contact your family and attorney via telephone. Get in touch with an attorney with experience in the Chicago criminal justice system as soon as you can. An experienced lawyer can help you understand the charges facing you, explore your options, and defend your rights in court. With a seasoned attorney on your side, you are in a much better position to have the charges against you reduced or dropped.

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.