Former Cook County Felony Prosecutor
Burglary
Facing a Burglary Charge in Chicago? Andrew M. Weisberg Can Defend Your Rights
If you have been arrested and charged with burglary in Chicago or anywhere in Cook County, you are facing a serious felony accusation that can carry severe penalties. A burglary conviction can result in years in prison, substantial fines, and a permanent criminal record that can affect your life for decades. Many people charged with burglary have never been arrested before and are shocked by how aggressively these cases are prosecuted.
Under Illinois law, burglary is typically charged as a felony offense even when no property was actually taken and no one was injured. The allegation alone that a person entered a building or vehicle with the intent to commit a theft or other felony can lead to criminal charges. Because burglary cases often rely on circumstantial evidence and assumptions about intent, early legal representation can be critical.
A conviction for burglary can affect employment opportunities, housing options, professional licensing, and financial stability long after the case is over. Because the stakes are so high, it is essential to have an experienced criminal defense attorney who understands how these cases are investigated and prosecuted.
Chicago criminal defense attorney Andrew M. Weisberg is a former Cook County felony prosecutor who has handled burglary cases from both sides of the courtroom. He uses that experience to identify weaknesses in the prosecution’s case and build strong defense strategies designed to protect his clients’ futures.
Understanding Burglary Under Illinois Law
Burglary is defined under 720 ILCS 5/19-1. A person commits burglary when he or she knowingly enters or remains within a building, vehicle, railroad car, aircraft, or watercraft without authority and with the intent to commit a theft or felony inside.
One of the most important aspects of burglary law is that no theft actually has to occur. Prosecutors only need to prove that the defendant entered or remained without authority and intended to commit a crime. This often becomes the central issue in burglary cases.
Burglary is generally charged as a Class 2 felony, punishable by:
• Three to seven years in prison
• Fines of up to $25,000
• Probation in appropriate cases
• Court costs and mandatory assessments
Certain circumstances can lead to more serious charges. Residential burglary, defined under 720 ILCS 5/19-3, involves entering or remaining in a dwelling place with the intent to commit a crime and is classified as a Class 1 felony, punishable by:
• Four to fifteen years in prison
• Fines of up to $25,000
• Extended-term sentencing in qualifying cases
Burglary involving schools, places of worship, or daycare facilities may also result in enhanced sentencing exposure.
Because burglary covers a wide range of situations, the specific facts of each case can greatly affect the possible penalties and available defenses.
How Burglary Cases Are Investigated
Burglary cases often begin with a report of missing property or suspicious activity. Police investigations may involve witness interviews, surveillance video, fingerprint analysis, and recovery of property.
In many cases, the State relies heavily on circumstantial evidence rather than direct proof. For example, prosecutors may attempt to prove intent based on the time of entry, the location, or the defendant’s actions.
Surveillance cameras are frequently used in burglary investigations. Video evidence can be helpful to both the prosecution and the defense, depending on what it shows. However, video footage is not always clear and may be subject to interpretation.
Police may also rely on statements made during questioning. Individuals sometimes make statements while under stress or without fully understanding the situation, which can later be used as evidence in court.
Early involvement by a defense attorney can help ensure that important evidence is preserved and properly evaluated.
Common Burglary-Related Charges
Burglary charges are often accompanied by related offenses. Depending on the circumstances, prosecutors may file multiple charges arising from the same incident.
Common related charges include:
• Burglary (720 ILCS 5/19-1)
• Residential Burglary (720 ILCS 5/19-3)
• Possession of Burglary Tools (720 ILCS 5/19-2)
• Criminal Trespass to a Residence (720 ILCS 5/19-4)
An experienced defense attorney can evaluate whether all charges are legally supported and may be able to challenge overcharging by the prosecution.
Defending Burglary Charges in Chicago
A burglary charge does not mean a conviction. Many burglary cases involve disputed facts or weak evidence that can be challenged through careful investigation and preparation.
Andrew M. Weisberg approaches burglary cases strategically and thoroughly, examining every detail of the evidence and the investigation.
Possible defense strategies may include:
• Lack of intent to commit a theft or felony
• Lawful presence in the building or vehicle
• Mistaken identity
• Insufficient or unreliable evidence
• Improper police procedures
• Constitutional violations
Because intent is a required element of burglary, proving or disproving intent is often the most important issue in the case. In some situations, evidence may support a lesser charge such as criminal trespass rather than burglary.
Andrew carefully reviews police reports, witness statements, surveillance footage, and forensic evidence to identify weaknesses in the prosecution’s case.
Early Intervention Can Improve the Outcome
The earlier you involve a defense attorney, the better your chances of achieving a favorable result. Important evidence such as surveillance video or electronic records may only be available for a limited time.
Early intervention may allow Andrew to:
• Locate and interview witnesses
• Preserve video evidence
• Challenge questionable police procedures
• Begin negotiations with prosecutors
• Explore alternatives to conviction
Some burglary cases can be resolved through negotiation, while others proceed toward trial. Preparing a strong defense from the beginning improves the likelihood of a favorable outcome.
Long-Term Consequences of a Burglary Conviction
A burglary conviction can affect your life long after the criminal case is over. A felony conviction creates a permanent criminal record that generally cannot be expunged or sealed.
Employers often conduct background checks, and a felony conviction may make it difficult to obtain or keep a job. Many professions require background screening, and a burglary conviction can create obstacles to licensing or certification.
Housing opportunities may also be affected. Many landlords review criminal records during the application process, and a felony conviction can make it more difficult to secure stable housing.
Financial consequences may also follow a conviction. Loans, credit applications, and other financial opportunities may be affected by a criminal record.
Because the long-term impact of a burglary conviction can be significant, defending the charge aggressively from the beginning is essential.
Why Choose Andrew M. Weisberg as Your Chicago Burglary Defense Attorney
Andrew M. Weisberg brings decades of criminal law experience to every case he handles. His background as a former Cook County and Will County felony prosecutor gives him valuable insight into how burglary cases are investigated and prosecuted.
Andrew understands how prosecutors evaluate evidence and how they prepare cases for court. He uses that knowledge to anticipate their strategies and build strong defenses for his clients.
Clients rely on Andrew for:
• Thorough preparation
• Clear communication
• Strategic negotiation
• Strong courtroom advocacy
• Personal attention to every case
When you hire Andrew, you work directly with him throughout your case. Your case is never passed off to junior associates or assistants.
Whether negotiating with prosecutors or preparing for trial, Andrew is committed to protecting your rights and working toward the best possible outcome.
Contact Chicago Burglary Attorney Andrew M. Weisberg Today
If you have been charged with burglary in Chicago or anywhere in Cook County, it is important to act quickly. Early legal representation can make a significant difference in the outcome of your case.
Call Andrew M. Weisberg at (773) 908-9811 for a free consultation or submit the online Case Review Form for a prompt and confidential response.
Your future is too important to risk. Let Andrew M. Weisberg put his experience to work for you.




















