Chicago Home Invasion Lawyers

What is Home Invasion in Chicago, Illinois?

A Class X felony in Illinois, home invasion involves breaking into an occupied building with the intention of committing a crime.

Examples of this crime include:

• Entering a Home While Someone is Inside and Using Force or Threat
• Entering a Dwelling While Armed with a Dangerous Weapon (such as a gun or knife)
• Remaining in a Home After Consent is Withdrawn and Committing a Felony (such as a theft, assault or another felony)
• Causing Injury to Someone Inside a Residence During Unlawful Entry (the injury could be pushing, striking or causing bodily harm)
• Entering a Home with the Intent to Commit a Violent Felony (such as an assault, sexual assault or robbery)
• Breaking Into an Occupied Apartment or Shared Residence
• Entering Through Deception and Committing a Crime Inside (this could involve posing as a utility worker or delivery person)
• Accomplice Liability (helping someone commit a home invasion, such as by acting as a lookout, driving a getaway vehicle or assisting in the planning or entry)

Home Invasion vs. Burglary in Chicago

In Illinois, burglary is “knowingly entering or remaining in a building without permission and with the intent to commit a theft or felony inside.” In contrast, home invasion is considered one of the most serious property-related offenses in Illinois and adds the element of knowing someone is present inside.

While burglary is a Class 2 felony in Illinois, a home invasion is a Class X felony and may involve aggravating factors such as:

• Using or Threatening Force Against an Occupant
• Carrying a Dangerous Weapon
• Causing Bodily Harm to Someone Inside the Residence
• Committing or Attempting to Commit Another Felony Inside the Home

If you allegedly broke into a home when someone was inside and at risk, you could be facing Illinois home invasion charges. A home invasion often carries a mandatory prison sentence and is significantly more difficult to reduce or negotiate compared to burglary charges.

Penalties for Home Invasion in Chicago

As a Class X felony, home invasion carries some of the most severe penalties under Illinois law, including:

• A Mandatory Minimum Prison Sentence: 6-30 years in prison
• Fines: Up to $25,000
• Supervised Release: For 3 years, following prison
• Enhancements: If you were carrying a firearm, you could face an additional 15 years, if you discharged a firearm you could face an additional 20 years and if someone was injured, you are facing 25 years to life in prison.

With so much on the line, it is important that you speak to a Chicago home invasion lawyer to mitigate the potential consequences of your charges.

When a Home Invasion Charge Can be Enhanced in Chicago

You can face more severe penalties if your home invasion case involves any enhancement factors.

These include:

• Use of a Weapon
• Causing Injury
• Type of Felony Committed

Under Illinois law, you can face an additional 15 years in prison if you carried a firearm, an additional 20 years if you discharged a firearm, and an additional 25 years to life if the discharge of your firearm caused great bodily harm or death.

Because these enhancements significantly increase your prison exposure, you should speak with our Chicago home invasion lawyer and go over the specific facts of your case. We may be able to challenge if an enhancement applies, dispute the evidence against you or negotiate to reduce your charges.

How Chicago Police Investigate Home Invasion Cases

In Chicago, specialized units that focus on violent crimes often investigate home invasion cases.

Law enforcement will build their case upon the following:

• Evidence That Proves Unlawful Entry and Intent to Commit a Crime Inside (examinations of doors, windows, entry points, etc. for proof of tampering)
• Witness and Victim Statements (interviews with occupants, neighbors and bystanders)
• Surveillance and Video Footage (home security systems, doorbell cameras and nearby surveillance footage)
• Physical Evidence (fingerprints, DNA, weapons or items used during the incident)
• Alleged Use of Force/Weapons (examining the weapon for evidence)
• Injuries or Medical Records (medical reports and photos of the injuries)
• Digital Evidence (cell phone data, text messages, location data and social media activity)

Because evidence can be incomplete, misinterpreted or obtained in violation of your constitutional rights, it is important that you speak with our Chicago home invasion lawyer so we can review how evidence was obtained and work to suppress evidence, when appropriate.

Common Constitutional Violations in Chicago Home Invasion Cases

At Combs Waterkotte, we can investigate your case and determine whether your constitutional rights were violated in any way. If your rights were violated, we will work to get evidence suppressed that was obtained illegally.

Common constitutional violations in a Chicago home invasion include:

• Illegal Search and Seizure (4th Amendment Violations): This can include a warrantless search or exceeding the scope of the warrant. Or claiming consent was given to enter, when it was coerced.
• Excessive Force and Police Misconduct: This can include unnecessary use of force, physical misconduct or degrading treatment.
• Procedural Violations: This can include failing to properly knock and introduce before entering a home, failure to show a warrant and officers failing to stop other officers from committing misconduct.
• Due Process and Right to Counsel: This can include being detained, without probable cause, for a long period of time or coerced statements.

For a free case evaluation with our Chicago home invasion lawyers, don’t hesitate to reach out to Combs Waterkotte today and obtain a tailored strategy for protecting your rights and obtaining the best possible outcome in your case.

Common Defenses in a Chicago Home Invasion Case

In a Chicago home invasion case, the following defenses may apply to your case. It is important to promptly reach out to our Chicago home invasion lawyer, however, so we can tailor our defense strategies to the unique details of your case.

Common defenses in a Chicago home invasion case:

• Consent to Enter (arguing that the resident gave you permission to enter)
• Mistaken Identity (highlighting witness identification issues)
• Lack of Intent (showing you did not enter with the intent of committing a felony inside)
• No Person Present/Weapon Used (contesting that anyone was home or that a weapon was used)
• Entry Limitations (arguing that you weren’t aware that you lacked permission to enter)
• Procedural Violations (challenging police conduct)

The success of your case depends upon the facts of your case and the strength of the evidence against you. We can evaluate all of the circumstances, identify weaknesses in the prosecution’s case and build a defense that is aimed at reducing or dismissing the charges, whenever possible.