Burglary in Illinois can be a complicated area of criminal defense. There are several types of burglary, and the penalties for an Illinois burglary are severe. There is burglary, residential burglary, and possession of burglary tools. If you have been arrested for an Illinois burglary contact Carbondale, IL criminal attorney Brian Roberts immediately for a confidential case review.
Burglary in Illinois includes knowingly entering or remaining in a building, trailer, watercraft, aircraft, or motor vehicle without consent with the intent to commit a felony or theft. A conviction may result in up to seven years in prison.
Residential burglary in Illinois is committed when you knowingly enter or remain in a dwelling place of another, or any part of that dwelling place, with the intent of committing a felony or theft, and you have no legal authority to enter such place.
Possession of burglary tools is a felony in Illinois if you possess any key, tool, instrument, device or explosive suitable for breaking into a building, house, trailer, watercraft, aircraft, railroad car, or motor vehicle, with the intent to commit a felony or theft.
With all burglary in Illinois charges the State must prove that you had the intent to commit a felony or theft. This usually means that these cases can be pled down to a criminal trespass if there is no evidence that you committed a crime while you were in the property, or unless you confessed to intending to commit a felony or theft.
Oftentimes the prosecution has a difficult time proving you had the intent to commit a felony or theft unless you talk to the police during their investigation, or after you have been arrested. Your intent may be inferred, however, from the circumstances of your arrest, the items you had on you when you were arrested, and your criminal history.
For instance, if you were arrested breaking into a home while possessing a firearm, and you have a felony conviction, you likely have already committed a felony by being in possession of a firearm. Thus, you intended to commit the felony of being a felon in possession of a firearm while you burglarized the home. Thus, what you intended to do while in the home is largely irrelevant in determining guilt or innocence in a burglary trial.
Another defense to burglary in Illinois charges is that you had authorization, or the legal right to be in the building you were found. Authorization or possessing the legal right to be in a building is an absolute defense to a burglary in Illinois charge.
If you have been arrested for a burglary in Illinois charge, contact Carbondale, IL criminal attorney Brian Roberts right now for a confidential case review. Whether you were arrested for burglary, residential burglary, or possession of burglary tools, the sooner you have him investigating your case, and protecting your rights the better chance you may have of winning in court.