Facing burglary charges in Illinois is a serious matter that can have a significant impact on your life. As a seasoned criminal defense attorney in Chicago, I understand the anxiety and uncertainty that come with such accusations. My goal is to provide you with the best defense possible, ensuring that your rights are protected every step of the way.
In Illinois, burglary is defined under 720 ILCS 5/19-1. It occurs when a person knowingly enters or remains within a building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with the intent to commit a felony or theft. The law does not require the actual commission of a felony or theft for a burglary charge to be filed; the mere intent is sufficient.
Understanding the nuances of burglary charges is crucial. Several defenses can be employed depending on the specifics of your case. One common defense is lack of intent. The prosecution must prove beyond a reasonable doubt that you intended to commit a felony or theft at the time of entering the premises. If we can show that you had no such intent, this can significantly weaken the prosecution’s case against you.
Another potential defense is mistaken identity. Burglary cases often rely on witness testimony or surveillance footage, which can sometimes lead to misidentification. If there is a possibility that you were wrongly identified as the perpetrator, we will work diligently to gather evidence and present a compelling argument to clear your name.
Additionally, we may explore the possibility of an unlawful search and seizure. Under the Fourth Amendment, you are protected from unreasonable searches and seizures by law enforcement. If evidence against you was obtained through an illegal search, we can file a motion to suppress that evidence, which may lead to a dismissal of charges.
At Edward Johnson & Associates P.C., we are committed to thoroughly investigating every aspect of your case. We will review police reports, interview witnesses, examine physical evidence, and explore all possible defenses. Our goal is to build a strong case on your behalf and provide you with the best possible outcome.
Burglary Criminal Charge FAQs
What is the difference between burglary and robbery in Illinois?
Burglary and robbery are distinct crimes under Illinois law. Burglary involves unlawfully entering a structure with the intent to commit a felony or theft. At the same time, robbery involves taking property from a person through the use of force or threat of force. The critical difference lies in the presence of force or intimidation in robbery cases.
Can burglary charges be reduced to a lesser offense?
Yes, burglary charges can be reduced to a lesser offense, such as criminal trespass, through plea bargaining or presenting mitigating factors. This can result in reduced penalties and less severe consequences. Our firm will work to negotiate the best possible outcome for your case.
What are the potential penalties for burglary in Illinois?
Burglary is generally classified as a Class 2 felony in Illinois, which can result in a prison sentence of three to seven years and fines up to $25,000. However, if the burglary was committed on a residential property, it is considered a Class 1 felony, with penalties ranging from four to fifteen years in prison. The severity of the penalties depends on various factors, including prior criminal history and the specific circumstances of the case.
How can a criminal defense attorney help with burglary charges?
A criminal defense attorney can provide invaluable assistance by investigating the charges, identifying weaknesses in the prosecution’s case, and developing a strategic defense. They will represent you in court, negotiate with prosecutors, and work tirelessly to achieve the best possible outcome for your case.
What should I do if I am arrested for burglary?
If you are arrested for burglary, it is crucial to remain calm and exercise your right to remain silent. Only provide statements to law enforcement by consulting an attorney. Contact a criminal defense attorney as soon as possible to protect your rights and begin building your defense.
Why choose Edward Johnson & Associates P.C.?
At Edward Johnson & Associates P.C., we have decades of experience defending clients against burglary charges and other criminal offenses in Chicago. Our track record of success speaks for itself, and we are dedicated to providing personalized attention to each client. We understand the complexities of Illinois criminal law and are committed to achieving the best possible outcome for your case.If you are facing burglary charges or any other criminal legal issues, Edward Johnson & Associates P.C. is here to help. Our experienced criminal defense attorneys are available to discuss your case and provide the guidance you need. We represent clients throughout the entire Chicago metro area and offer a free consultation to discuss your legal options. Contact our Chicago burglary defense attorneys today at 708-762-8666 to schedule a free initial consultation and take the first step towards defending your rights and securing your future.