The Illinois Criminal Code includes specific provisions that prohibit any person from committing burglary or residential burglary. Even though these offenses might sound highly similar, they are categorized and punished separately. Under Illinois law, the potential prison sentence can increase dramatically for burglary offenses committed in another person’s residence.
Burglary
Illinois law at 720 ILCS 5/19-1 provides the definition of burglary. Under this section, a person commits burglary if they:
- Knowingly and without legal authority enters or remains in a building, house-trailer, watercraft, aircraft, motor vehicle, railroad car; and
- Demonstrates an intent to commit theft or a felony crime.
Any person who commits burglary in violation of Section 19-1 is guilty of a Class 3 felony. If convicted for this type of felony, the statutory punishment can include a prison sentence between two and five years as well as criminal fines up to $25,000. Probation or conditional discharge of a maximum of 30 months is also a possibility.
That being said, residential burglary that involves damage to the structure in question becomes a Class 2 felony. If convicted for this type of felony, the statutory punishment can include a prison sentence between three and seven years as well as criminal fines up to $25,000. Probation or conditional discharge of a maximum of four years is also a possibility.
Residential Burglary
Illinois law at 720 ILCS 5/19-3 establishes the definition of residential burglary. Under this section, there are two versions of residential burglary in Illinois. First, a person commits residential burglary if they knowingly enter or remain in someone else’s residence without legal authority and with the intent to commit theft or a felony crime.
Second, a person commits residential burglary if they knowingly enter or remain in someone else’s residence without legal authority under the false pretense of being a government or utility worker. The alleged perpetrator must also demonstrate an intent to commit theft or a felony crime at the same time.
Any person who commits residential burglary in violation of Section 19-3 is guilty of a Class 1 felony. If convicted for this type of felony, the statutory punishment can include a prison sentence between four and 15 years as well as criminal fines up to $25,000. Probation or conditional discharge of a maximum of four years is also a possibility.
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.