Aggravated Burglary Lawyer in Chicago, Illinois

What is an Aggravated Burglary Charge in Chicago, Illinois?

Aggravated burglary is a Class X felony and involves armed entry into a residence. A burglary charge can be elevated to aggravated burglary if a weapon is involved or if an occupant was present at the time of the alleged break-in.

Breaking into a home while carrying a firearm, knife or other dangerous weapon can result in you being charged with aggravated burglary, even if the weapon wasn’t used. Additionally, even just indicating that you are armed, when entering a home, could result in you facing an aggravated burglary charge.

You could also be charged with this offense if:

• You entered a residence, knowingly or reasonably expecting, someone to be inside
• You used or threatened force (pushing, threatening or restraining a resident) during a burglary
• You forced entry by kicking in a door or breaking a window while armed
• You entered a residence with the intent of committing an assault on someone
• You possessed tools for breaking in, such as crowbars or lockpicks, and a weapon

Because these circumstances involve a greater threat to the people inside and a higher likelihood of violence or injury, the prosecution will usually pursue these heightened charges.

Penalties for Aggravated Burglary in Chicago

If you have been charged with aggravated burglary in Chicago, you should know that you are facing a Class X felony offense that comes with serious penalties.

Should you be convicted of this charge, you can expect to face the following penalties:

• Fines up to $25,000
• A 6-30 year prison sentence
• An extension beyond 30 years if specific aggravating factors exist
• A mandatory supervised release after serving your prison sentence
• A permanent felony upon your criminal record

Additionally, this charge can greatly affect your reputation and future, as a felony conviction can result in limited housing and employment opportunities, the loss of professional licenses and restrictions of your civil rights, including the right to carry a gun.

Evidence That Might be Used Against You in Your Chicago Aggravated Burglary Case

If the prosecution is pursuing heightened charges such as aggravated burglary in your case, you can expect them to gather various physical, testimonial and digital evidence.

Examples of evidence they may be able to acquire to build their case against you includes:

• Physical evidence: This could include tools, blood, footprints, DNA or fingerprints found at the scene or on you.
• Surveillance footage: Prosecutors can use video from Ring cameras, traffic cameras or security cameras to show you and/or your vehicle at the scene of the crime.
• Testimonial evidence: Statements may be made by the alleged victims, witnesses or police officers to incriminate you.
• Digital evidence: Your cell phone – which can provide GPS location records, texts and call logs – could place you near the residence in question at the time of the crime.
• Forced entry evidence: The prosecution may show tools or damage matching materials found on you that indicate that you forcibly entered the home.
• Evidence showing people were present in the home: Prosecutors may use witness testimonies, surveillance or doorbell cameras, phone evidence, police observations or circumstantial evidence (such as timeline evidence or a shower running, etc.) to establish that a residence was occupied at the time of the alleged burglary.
• Stolen property: If the prosecution can prove that you are in possession of items taken from the home they can link you to the scene of the crime, prove intent to commit a crime and create an inference of guilt. Prosecution might use serial numbers, photos, receipts, unique markings or statements you have made as property evidence to prove intent and identity.

Defenses That May be Available to You in Your Chicago Aggravated Burglary Case

You likely feel scared and overwhelmed as you face aggravated burglary charges in Chicago, but you can count on our experienced Chicago criminal defense lawyers to identify all defenses that apply to you and your case.

Examples of common defenses for aggravated burglary cases in Illinois include:

• Authorized entry/consent: If you were invited in or had ongoing access to the residence (you had a key, a prior relationship or it’s a shared residence), we may be able to challenge your aggravated burglary charges.
• Lack of intent: Depending on the circumstances surrounding your case, we may be able to show that you did not intend to commit theft or another felony when you entered.
• Mistaken identity: You may have been misidentified due to poor lighting, unreliable or stressed witness testimony.
• Insufficient evidence: Remember that the burden of proof rests upon the prosecution and if there is insufficient evidence, we may be able to get your charges dismissed or reduced.
• Illegal search and seizure: If your Fourth or Fifth Amendment rights were violated, we can file motions to suppress evidence or potentially get your case dismissed entirely.
• Coercion/duress: If you were forced to commit the crime by someone else, then a “coercion/duress” defense may apply to your case.
• You were not at the scene of the crime (alibi defense): If evidence (such as phone data, surveillance or witness testimonies) exists showing you at a different place at the time of the crime, then you can utilize an alibi defense.
• You never entered: If you never entered the residence, whether you only stopped outside or you were misidentified entirely,
• You were not armed/ no weapons were involved: If the prosecution cannot prove that you possessed or implied you had a weapon, your charges could be reduced.
• You are innocently in possession of the property: If the property in question is yours, was lent out to you or was given to you then we can challenge your intent and involvement.
• No one was present: If the prosecution cannot prove that anyone was inside of the residence at the time of the alleged burglary, this can result in a reduction of charges.
• False or exaggerated allegations: If the circumstances surrounding your case involve a dispute with a roommate or ex-partner, we can expose the motive to fabricate or exaggerate the burglary allegations.
• Intoxication: In some circumstances, it can be considered a defense if you were impaired to the degree that you could not form intent.

What Happens After a Chicago Aggravated Burglary Arrest

The first thing you should do after being arrested is secure hard-hitting legal defense in your corner. You should infer your right to remain silent and refuse to answer the police’s questions until your attorney is present.

Following this, you should expect your case to proceed as follows:

• Prosecutors will decide whether to formally file charges
• Bond hearing: Within 48 hours you will appear before a judge who will decide whether you will be released or detained further, and he will set the conditions for your release
• Arraignment: You will be formally read your charges in court and you will get to plea guilty or not guilty
• Preliminary hearing: A hearing will determine whether there is enough evidence to proceed towards trial
• Pre-trial proceedings: This is when we can help you review the prosecution’s evidence, file motions to suppress evidence and we’ll focus on building a comprehensive, trial-ready defense
• Trial or plea negotiation: If no agreement is made between the prosecutor and the defense to reduce charges, dismiss certain counts or secure more favorable sentencing terms, then the case will go to trial where both sides will present evidence, witness testimony and argue their case. At the end, a verdict is issued.
• Sentencing: If you are found guilty, then a judge will impose a sentence based on the severity of the offense, any aggravating factors and your criminal history.
• Appeals: After a conviction, you will have 30 days to file an appeal to a higher court.

For both compassionate and aggressive legal defense throughout each step of your case, don’t hesitate to reach out to the team at Combs Waterkotte at (314) 900-HELP or contact us online for a free consultation.

Mistakes That can Hurt Your Chicago Aggravated Burglary Case

There are a variety of mistakes you can make that could jeopardize your Chicago aggravated burglary case.

These include:

• Failing to retain an attorney
• Speaking to police without an attorney present
• Waiting too long to hire a defense lawyer
• Assuming your case is just a misunderstanding and will resolve itself on its own
• Not being discrete during this time
• Sharing details on social media or with cellmates
• Contacting the alleged victim
• Engaging in further criminal activity
• Violating bond or release conditions
• Destroying or hiding evidence
• Getting arrested again while your case is pending
• Misunderstanding the criminal justice process
• Failing to challenge intent or mistaken identity
• Accepting a plea deal too quickly

The most important step to take, to avoid jeopardizing your future, is to immediately retain an experienced Chicago aggravated burglary lawyer.

How to Get Chicago Aggravated Burglary Charges Reduced or Dismissed

The burden of proof rests upon the prosecution and we may be able to weaken their ability to prove each required element. Because burglary requires a specific intent to commit a felony or theft upon entry, we may be able to show that you lacked this intent. Or perhaps the resident or owner gave you consent to enter the property and you were, therefore, at the residence lawfully.

Additionally, in order for you to be charged with aggravated burglary, the prosecution will have to show that you were in possession of a weapon and/or someone was present inside the home. By disproving these elements, your charge can be reduced to a standard burglary or lesser offense.

Regardless of the circumstances surrounding your case, you need to have your case reviewed by an expert, so that we can identify holes in the prosecution’s argument and negotiate a plea deal for lesser charges –or get your charges dropped or obtain a reduced sentence on your behalf.