Burglary 720 ILCS 5/19-1 – A Helpful Guide
Burglary laws can be super confusing! This article will explain Illinois’ burglary law 720 ILCS 5/19-1 in a simple way that anyone can understand. We’ll go over what burglary is, what the penalties are, and some common defenses. Let’s get started!
First, what exactly is burglary? Well, in Illinois, burglary is when someone enters or stays inside any “building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof” without permission and with the plan to commit a felony or theft inside.
So burglary is going into somewhere you’re not allowed to go, with the goal of stealing stuff or doing something else illegal. It doesn’t matter if you actually take anything – just entering with bad intent is enough.
Some examples of burglary:
- Breaking into someone’s home to steal their TV
- Sneaking onto someone’s boat to take their fishing rods
- Entering a warehouse to graffiti the walls inside
- Using a stolen keycard to get into an office building and snoop through files
See, you don’t have to actually take anything to be charged with burglary – just going into a place without permission and with intent to commit a crime is burglary.
Now, what are the penalties for burglary in Illinois? Well, it depends:
- Burglary of a building or trailer is a Class 2 felony
- Burglary of a vehicle, boat, plane, train, etc. is a Class 3 felony
- Burglary of a school, daycare, or place of worship is a Class 1 felony (the most serious)
The possible sentences for these felony classes are:
- Class 1: 4-15 years in prison
- Class 2: 3-7 years in prison
- Class 3: 2-5 years in prison
So burglary is a pretty serious crime with real prison time on the line. But there are a few defenses that a good lawyer could use to fight the charges:
- You had permission or authority to enter
- You didn’t have intent to commit a crime inside
- You were falsely accused or misidentified
- There’s no proof you actually entered the building/vehicle
If any of these defenses fit your case, tell your lawyer right away! They give you a chance to beat the charges.
Now let’s get into some specifics of Illinois’ burglary law 720 ILCS 5/19-1:
What’s the Difference Between Burglary and Residential Burglary?
Good question! Regular burglary is entering any building or vehicle to commit a crime inside. Residential burglary is when that building is someone’s home. So if you break into a house, apartment, trailer, etc. where people live, that’s residential burglary, a type of burglary.
Can I Get Probation for Burglary?
Yes, probation is possible for burglary charges. For a Class 2 burglary, you can get up to 4 years probation. For a Class 3, up to 30 months probation. Probation means no jail time as long as you follow rules like:
- Reporting to a probation officer
- Passing drug tests
- Completing an education or treatment program
- Paying fines and restitution
- Performing community service
So while burglary is serious, you can avoid prison if you get probation and comply with the conditions.
What’s the Supervised Release Period After Prison?
If you do get sentenced to prison for burglary, you’ll also get a term of “supervised release” when you get out. This means complying with parole rules and seeing a parole officer periodically. For a Class 2 burglary, the supervised release term is 1 year. For Class 3, it’s 6 months.
Can I Own a Gun if I Have a Burglary Conviction?
No. If you’re convicted of a felony like burglary, you lose your right to own firearms. Possessing a gun if you have a felony record is the crime of Unlawful Possession of a Weapon by a Felon.
What Are the Extended Sentencing Ranges?
If you have a prior felony conviction within the last 10 years, the judge can give you an “extended term” sentence, which doubles the max sentence. So for a Class 3 burglary, the extended term would be 2-10 years in prison instead of 2-5. For a Class 2 burglary, it would be 3-14 years instead of 3-7.
What Percentage of the Sentence is Actually Served?
Illinois has a “truth in sentencing” law that requires serving at least 50% of the prison term. So if you get 2 years for a Class 3 burglary, you’ll serve at least 1 year. Time off for good behavior doesn’t apply to the 50% minimum.
Okay, that covers the basics of Illinois’ burglary law 720 ILCS 5/19-1! I tried to explain it in simple everyday language. Let me know if you have any other questions!
Here are some useful links if you want to read the actual law or learn more:
- 720 ILCS 5/19-1 – Illinois General Assembly
- Burglary – Justia Law
- 2010 Illinois Code – Justia
- Illinois Compiled Statutes
- Law Office of Clyde Guilamo