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Chicago Criminal Defense Attorney
Former Cook County Felony Prosecutor

Home Invasion

Home Invasion Charges in Chicago, Illinois

Home invasion is one of the most serious criminal charges you can face in Chicago, Illinois. This offense not only involves unlawfully entering someone’s home but also includes elements that significantly heighten the severity of the crime. If you have been accused of home invasion, it’s crucial to understand the specifics of the charge, the severe penalties that accompany a conviction, and the importance of securing a highly skilled defense attorney to safeguard your future.

What Constitutes Home Invasion in Illinois?

Under Illinois law, specifically 720 ILCS 5/19-6, home invasion occurs when an individual knowingly enters the dwelling place of another without permission while knowing that someone is present inside or remaining in the dwelling after gaining entry, and then either uses or threatens force, or is armed with a weapon. Key factors that elevate the crime to a home invasion include:

  • Use of Force or Threats: If during the unlawful entry, the accused threatens or inflicts physical harm on any occupant, the charge is elevated to home invasion.
  • Armed with a Dangerous Weapon: Possessing a firearm, knife, or any object used to threaten or inflict harm during the home invasion results in harsher penalties.
  • Discharge of a Firearm: If a firearm is discharged during the commission of the crime, the penalties increase significantly, particularly if someone is injured or killed as a result.
  • Injuring an Occupant: Inflicting bodily harm on any person within the home further escalates the charge and the associated penalties.

Penalties for Home Invasion in Chicago

Home invasion is classified as a Class X felony in Illinois, one of the most serious felony classifications under state law. The penalties reflect the gravity of the crime:

  • Mandatory Prison Sentence: A conviction for home invasion carries a mandatory prison sentence ranging from 6 to 30 years, with no possibility of probation.
  • Extended Sentencing: Certain aggravating factors, such as causing great bodily harm or using a firearm, can extend the prison sentence up to 60 years or more.
  • Permanent Criminal Record: A conviction for home invasion will result in a permanent criminal record, severely impacting future employment opportunities, housing options, and other aspects of life.

Home Invasion in Chicago: Local Enforcement

Chicago takes home invasion crimes very seriously, with law enforcement agencies and prosecutors aggressively pursuing these cases. The city’s police department, often working with specialized units, dedicates significant resources to investigating and prosecuting home invasion crimes. Local prosecutors are known to seek the maximum penalties allowed under Illinois law, especially in cases involving weapons or violence.

Defending Against Home Invasion Charges in Chicago

When facing a home invasion charge, the quality of your defense is crucial. Andrew M. Weisberg brings extensive experience to the table, having worked as a former Cook County prosecutor. This background gives him a unique insight into the prosecution’s strategies, enabling him to build a strong, strategic defense tailored to the specifics of your case.

Andrew understands that being accused of a crime like home invasion can be overwhelming, not just legally but emotionally. His approach prioritizes clear, consistent communication, ensuring you are fully informed about the progress of your case. Andrew is committed to providing personalized attention, making himself available to answer any questions and address any concerns you may have throughout the process.

Strategic Defenses for Home Invasion Charges

Successfully defending against a home invasion charge requires a detailed and customized defense strategy. Some potential defenses that Andrew may explore include:

  • Lack of Intent: One of the key elements of a home invasion charge is the intent to commit a crime. If the entry was accidental or without criminal intent, Andrew will work to challenge this aspect of the prosecution’s case.
  • Mistaken Identity: In some cases, the accused may have been mistakenly identified as the perpetrator. Andrew will thoroughly investigate the evidence and eyewitness testimony to uncover any inconsistencies or errors in the identification process.
  • Consent to Enter: If the accused had permission to enter the home or believed they had permission, this could be a crucial point of defense.
  • Violation of Constitutional Rights: Any violation of your rights, such as unlawful search and seizure, improper arrest procedures, or coercion during questioning, can be pivotal in challenging the prosecution’s case. Andrew will meticulously review the circumstances of your arrest to ensure that your rights were fully protected.

Why Andrew M. Weisberg is the Right Choice for Your Defense

Facing a home invasion charge in Chicago demands a defense attorney who is not only knowledgeable but also deeply familiar with the local legal landscape. Andrew M. Weisberg is that attorney. His dual experience as a former prosecutor and a defense lawyer equips him to handle complex cases with confidence and skill.

Andrew’s commitment to his clients is reflected in his dedication to achieving the best possible outcomes while ensuring his clients feel supported every step of the way. His clear communication, availability, and personalized attention are just a few reasons why clients consistently give him 5-star reviews. When you choose Andrew M. Weisberg, you’re choosing an attorney who will fight tirelessly for your rights and your future.

Call Andrew M. Weisberg today at (773) 908-9811 for a free consultation. Whether you’re facing a home invasion charge or another serious criminal accusation, Andrew is ready to stand by your side and fight for the best possible outcome.

Chicago Criminal Lawyer Andrew Weisberg

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