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Orland Park Burglary Defense Attorney

DuPage County Criminal Defense Lawyer for Charges of Burglary and Residential Burglary

There are multiple types of property crimes, which typically involve accusations that a person has taken money or property belonging to someone else or intentionally damaged someone else's property. In some cases, a person may be accused of entering someone's property without authorization with the intent to commit a crime. This is known as burglary, and it may be charged even if a person does not commit any other offense. At Issa Law, LLC, we can help defend against these charges, ensuring that a person accused of theft or other related offenses is treated fairly during their case. We know the best ways to approach these matters, and we can work to resolve a case successfully while minimizing the penalties our clients may face.

Burglary Charges in Illinois

Burglary generally involves going into a building or other structure/conveyance while no people are present with the intent to commit theft or a felony offense. That is the distinction between burglary and robbery, which involves taking property from someone else through the use of force. With burglary, the major issue is usually whether a person was present on property owned by someone else with the intent to commit a felony crime or steal money or property. The state must prove this intent beyond a reasonable doubt. There are many factors that may play a role in determining intent, and there are also many ways to demonstrate that a person did not intend to commit a felony or engage in theft. Each case is different, and the facts of each case are different.

Burglary is usually charged as a Class 2 felony. A person may face a prison sentence of three to seven years if they are convicted. However, if burglary allegedly took place in a school, day care center, place of worship, or child care facility, a person may be charged with a Class 1 felony. If convicted, they may be sentenced to between four and 15 years in prison. Probation may be possible in these cases.

Success Story: We successfully defended a client charged with burglary by showing that the state had not proved beyond a reasonable doubt that our client's intent in entering a building was for the purpose of committing a felony or theft. Our client had refused to give a statement to the police when he was apprehended in a building (as was his absolute right under the Fifth Amendment of the United States Constitution), he had no burglary tools with him, and he had nothing else in his possession that would substantiate the state's argument that he had to have been there to do something illegal. It is not enough for the State to just argue that a person had to have been there for an illicit purpose; the state must prove that the person intended to commit a felony or theft. Our client was found "not guilty" after a trial.

Residential Burglary

Charges of burglary become more serious if a person is accused of going into the "dwelling place" of someone else. However, as with other types of burglary charges, the state has the burden of proving beyond a reasonable doubt that the person charged was present in someone else's dwelling place with the intent to commit theft or a felony offense.

Residential burglary charges may also involve an act of deception to gain access to a dwelling place for the purpose of committing a felony or theft or to aid another person in committing a felony or theft. Examples include posing as a utility worker to get into a dwelling for the purpose of stealing property or committing a felony offense. Even though the person may have been allowed to enter a residence by the owner or occupier, this permission may have been granted under false pretenses, and the person accused of deception may face residential burglary charges. As is always the case, the state has the burden to prove beyond a reasonable doubt that the person charged committed all elements of the offense.

A person accused of residential burglary may be charged with a Class 1 felony, and they could potentially be sentenced to between four and 15 years in prison. Probation may be possible in these cases.

Contact Our Oak Forest Burglary Defense Lawyer

If you have been charged with burglary, our firm can help you defend against these charges. Contact us at 708-966-2408 to set up a consultation.

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