What is a Burglary Charge in Chicago, Illinois?
If you have been accused of knowingly entering / remaining in a building, housetrailer, watercraft, aircraft or motor vehicle without authority and with the intent to commit a felony or theft, then you are likely facing burglary charges.
Typically, a Class 2 felony, this charge can be elevated to a Class 1 felony if the location in question is a school, daycare or place of worship. Additionally, if you entered a dwelling place without the authority to do so, then you could be facing residential burglary charges, which is also a Class 1 felony. An aggravated burglary charge, or home invasion charge, is a Class X felony and is when the offender is armed or a person is present at the time of the burglary.
Some important things to know about a Chicago burglary charge:
- It doesn’t require forcible entry to be charged with burglary in Chicago (entering through an open door or staying on premises after being asked to leave can constitute burglary)
- It doesn’t require actual theft - simply the intent to commit a felony or theft
If you have been charged with burglary in Chicago and need aggressive legal defense, we can help you. Speak to a Chicago burglary defense lawyer today at (314) 900-HELP.
What Penalties Should I Expect for a Chicago Burglary Offense?
If you have been charged with committing a burglary in Chicago, it is imperative that you swiftly retain legal defense as you are facing some serious penalties.
These penalties include:
- 3-7 years in prison (which can be increased to 4-15 years for residential burglary or up to 30 years for aggravated burglary charges)
- In some instances, mandatory supervised release (parole) after prison time is served
- A fine up to $25,000
- A permanent criminal record
Additionally, factors such as having a prior criminal record can result in enhanced penalties or increased prison time. And while probation may be possible, it is not guaranteed.
Beyond these penalties, it is important to keep in mind that felony charges can continue to negatively impact you, long after a prison sentence is served. A felony on your record can adversely impact your housing and employment opportunities, any professional licenses you hold and your civil rights.
What Makes Burglary Cases in Chicago Complex?
When you are charged with burglary in Chicago, you may be facing legal nuances, disputed facts and aggressive prosecution.
Some factors that can make a burglary case complex in Chicago include:
- Intent: Prosecutors have to prove what you intended to do, and this becomes one of the most contested elements in a burglary case.
- Weak Evidence: The prosecution will rely on evidence such as surveillance footage, witness statements and your possession of certain items– but these things can be incomplete or misinterpreted.
- Aggravating Factors: If you have a prior criminal history or you allegedly used a weapon or entered an occupied residence, then your charges and penalties can be increased.
- Multiple Charges: It is not uncommon to face other charges, when charged with burglary in Chicago. Other common and related offenses include criminal trespass, theft and property damage.
Chicago burglary cases are rarely cut-and-dried, which is why it is so important to have experienced legal defense in your corner.
Can Burglary Charges be Reduced or Dismissed in Chicago?
In a Chicago burglary case, you may be able to get your charges reduced or dismissed if we can demonstrate your lack of criminal intent, show that illegal searches took place or challenge the prosecution’s weak evidence. When we are able to get key evidence thrown out, the prosecution’s case frequently falls apart.
Some additional factors that could help you include:
- Having little or no prior criminal history
- Not possessing a weapon at the time of the alleged offense
- Not harming anyone at the time of the alleged offense
If a charge can’t be dismissed, it can often be reduced to trespassing or theft. Whether your charge can be reduced or dismissed depends heavily upon the facts of the case, the evidence against you and how early we are able to put together your defense strategy.
In order to challenge evidence before charges are finalized, negotiate with prosecutors early on, prevent additional charges from being filed and build as strong of a defense as possible, we encourage you to contact our Chicago burglary defense lawyer today at (314) 900-HELP or contact us online for a free consultation.
What to Do After a Burglary Arrest in Chicago
There are steps you can and should take, after being arrested for burglary in Chicago, that can protect you. These steps include:
- Invoke your right to remain silent
- Retain a criminal defense lawyer
- Do not consent to searches
- Don’t discuss the case with police, friends or family
- Refrain from posting about your case on social media
- Don’t tamper with any evidence
- Preserve any evidence that may support your defense
- Comply with all court orders
A burglary case can quickly move through the judicial system, and once mistakes are made, they can be difficult to undo. What you do early on can affect the long-term success of your case– which is why it is so important that you immediately reach out to an experienced Chicago burglary defense lawyer for legal representation.
Common Defense Strategies in Chicago Burglary Cases
Depending on the facts involved in your case, there could be a variety of defenses that can be applied to you. Common defense strategies in Chicago burglary cases include:
- Lack of intent: Since the prosecution has to prove intent to steal, your charges could be reduced or dismissed if you entered to take shelter or lacked the mental state to steal.
- Permission to enter: If you had permission to enter the building in question, then you are not guilty of committing burglary.
- Mistaken identity: Sometimes an eyewitness may be mistaken or security footage can be challenged for being unclear.
- Alibi: If it can be shown that you were somewhere else at the time of the alleged crime then an alibi defense can be applied in your case.
- Insufficient evidence: Whether the forensic evidence is missing or ambiguous or no direct connection can be established between you and the stolen property, you could be acquitted or have your charges dismissed if evidence is lacking or inconclusive.
- Coercion: If you were forced to commit the burglary, under threat of harm, then a coercion defense can be used in your case.
- Intoxication: This can be used to show that you lacked the specific intent (one of the key aspects of a burglary case) required to commit the crime.
- Constitutional violations: If evidence was gathered during an unlawful search or seizure, then we may be able to file a motion to suppress.
Why Choose our Chicago Burglary Defense Lawyer
While there are many Chicago defense lawyers to choose from, you want to make sure you choose a legal advocate that is experienced, equipped and empathetic.
At Combs Waterkotte, we are proud to demonstrate these three characteristics as we have:
- More than 60 years of combined legal experience and 10,000 cases handled
- A network of investigators and forensic experts that we use, in these types of cases
- A client-centered approach where we are available 24/7 and don’t charge by the hour
From the first consultation until a plea negotiation has been reached or a trial has concluded, we will make sure you obtain the skilled and caring legal defense you deserve.
