The State of Illinois prohibits any person from stealing property or other valuable items under the general umbrella of theft crimes. Within that umbrella, Illinois also has specific types of theft, including but not limited to burglary and residential burglary.
What is the Illinois Definition of Burglary?
The Illinois definition of burglary appears under 720 ILCS 5/19-1. There are two elements to this offense under Illinois law. To commit burglary a person must:
- Enter or remain in a specific type of structure or vehicle, intentionally and without legal authority; and
- Have the intent to commit theft or other felony crimes.
720 ILCS 5/19-1 includes the following types of structures and vehicles in the definition of burglary:
- Aircraft;
- Buildings;
- House-trailers;
- Motor vehicles;
- Railroad cars; or
- Watercraft.
What are the Illinois Penalties for Burglary?
The Illinois penalties for burglary also appear under 720 ILCS 5/19-1. It is a Class 3 felony when a burglary occurs in, but does not cause damage to:
- Aircraft;
- Motor vehicles;
- Railroad cars; or
- Watercraft.
The typical Illinois penalties for a Class 3 felony center on a prison sentence between two and five years, criminal fines up to $25,000, and conditional discharge or probation for 30 months.
If a burglary results in damage to any of the vehicles above, however, it qualifies as a Class 2 felony in Illinois. The same is true for any burglary that occurs in a building or house-trailer.
The usual Illinois penalties for a Class 2 felony include a prison sentence between three and seven years, criminal fines up to $25,000, and conditional discharge or probation for 48 months.
What is the Illinois Definition of Residential Burglary?
The Illinois definition of residential burglary appears under 720 ILCS 5/19-3. There are two elements to this offense under Illinois law. To commit residential burglary a person must:
- Enter or remain in the residential dwelling of another person, intentionally and without legal authority; and
- Have the intent to commit theft or other felony crimes.
It also qualifies as residential burglary if a person gains entry by misrepresenting him or herself as a government, construction, or utility worker. When such a person uses misrepresentation with the intent to commit theft or other felony crimes, he or she is guilty of residential burglary under Illinois law.
What are the Illinois Penalties for Residential Burglary?
The Illinois penalties for residential burglary appear under 720 ILCS 5/19-3. Under this section, residential burglary is a Class 1 felony. The ordinary Illinois penalties for a Class 1 felony revolve around a prison sentence between four and 15 years, criminal fines up to $25,000, and conditional discharge or probation for 48 months.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com, or by completing an online form.
(image courtesy of Martins Zemlickis)