This incident occurred in Decatur at approximately 6:40 a.m. on November 15th. That is when the Illinois woman allegedly climbed through a window in her ex-boyfriend’s house on Wood Street.
Armed with a large kitchen knife, the Illinois woman found her ex-boyfriend in the bedroom. Initially, the Illinois woman hit her ex-boyfriend with the blunt end of the knife. When a scuffle ensued, the Illinois woman also inflicted a stab wound to the face of her ex-boyfriend. The ex-boyfriend apparently suffered a permanent scar as a result of the knife wound.
Law enforcement arrested the Illinois woman several hours later on November 15th. As a result of this incident, the woman faces charges for home invasion and several other crimes. At the moment, the woman remains in custody in Macon County with the option of paying $25,000 in bail.
While prosecutors mount a legal case against the woman, it feels like a great time to review Illinois laws against and penalties for home invasion offenses.
How Does Illinois Define Home Invasion?
The Illinois definition of home invasion appears under 720 ILCS 5/19-6. Home invasion occurs when a perpetrator enters another person’s residence without legal justification. Additionally, the perpetrator must know — or have a reason to know — that there are people present in the residence at the time of the offense. Finally, the perpetrator must also:
- Possess a dangerous weapon, other than a firearm, and use force or the threat of force against any person in the residence;
- Cause intentional injury to any person in the residence;
- Possess a firearm and use force or the threat of force against any person in the residence;
- Discharge a firearm, whether or not any injury occurs;
- Cause severe harm, disability, or disfigurement to any person in the residence by discharging a firearm; or
- Commit sexual assault or abuse against any person in the residence.
What is the Illinois Punishment for Home Invasion?
Section 19-6 also establishes the Illinois punishment for home invasion. Under this section, home invasion is traditionally a Class X felony. Upon conviction, the offender can face a prison sentence between six and 30 years, criminal fines up to $25,000, and a mandatory supervised release term of 36 months. Illinois law does not allow probation or conditional discharge for Class X felonies.
Furthermore, Section 19-6 provides extended prison sentences for certain types of home invasion crimes. These penalties apply when a person commits home invasion and:
- Possesses a Firearm — The corresponding prison sentence increases by 15 years;
- Discharges a Firearm — The corresponding prison sentence increases by 20 years; or
- Causes Harm with a Firearm — The corresponding prison sentence increases by 25 years.
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 firstname.lastname@example.org or by completing an online form.