Burglary. Generally, burglary is the entering and/or remaining in a building without permission and with the intention of committing a theft or other felony crime. Both part of the definition must be proved in order to be convicted. Burglary is ta Class 2 felony that engenders a sentence of 3 to 7 years in the Illinois Department of Corrections. However, if the incident is committed in a school, day care center, or place of worship, it can be charged as a Class 1 felony (which involves a sentence of 4-15 years in the Illinois Department of Corrections). Probation may be an option at sentencing.
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Residential Burglary. This usually involves entering into a person’s home. However, it can also include places like offices, attached garages vacant houses under construction and other structures – even vacant lots count. These are considered “dwelling places.” Residential burglary is a Class 1 felony. It includes a sentence of 4-15 years in the Department of Corrections. Probation is not available on this charge.
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Home Invasion. Home invasion charges are similar to residential burglary charges, but involve aggravating factors that warrant more serious penalties. Generally, in a Home Invasion, the owners/residents of the home are actually inside the home at the time of the illegal entry. If an individual enters a dwelling without permission, knowing that the residents are home, and does any of the following, the crime is considered “home invasion”:
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Has a firearm or weapon in possession at the time of the incident
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Threatens to fire or actually fires a gun
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Threatens to use force against a resident
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Assaults a resident
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Commits sexual assault or abuse
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Home invasion is a Class X felony, is not probationable and carries a sentence of 4-15 years in the Illinois Department of Corrections.
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Criminal Trespass. If there is an entry onto the property of another, however, there is no intent to commit a felony while inside, it is considered a Criminal Trespass. Criminal Trespass is a Class A misdemeanor. A Class A misdemeanor is punishable up to 364 days in jail, probation or court supervision (a sentence where no conviction enters on your permanent record). If the residents of the property are present when criminal trespass is committed, the charge is elevated to a Class 4 felony. The Class 4 felony is punishable from 1-3 years in the Illinois Department of Corrections, but it is also probationable.
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Due to the potential severity of these types of cases, you should have a highly experienced attorney to assist you.
Contact Lamp Law LLC to find out more about charges specific to your situation.