Residential Burglary in Illinois
Residential burglary is a serious crime in Illinois that involves illegally entering or remaining in someone’s home with the intent to commit a felony or theft. This crime is covered under 720 ILCS 5/19-3 of the Illinois Compiled Statutes. Residential burglary is a Class 1 felony in Illinois, punishable by 4 to 15 years in prison.
Elements of the Crime
To be guilty of residential burglary in Illinois, the prosecution must prove the following elements beyond a reasonable doubt:
- The defendant knowingly entered or remained within the dwelling place of another
- The defendant did not have authority or permission to enter or remain
- The defendant intended to commit a felony or theft inside the dwelling
The crime applies to any type of dwelling where people live, including houses, apartments, mobile homes, house trailers, and more. It does not matter whether the residents are home at the time or not. As long as the defendant enters or stays in the dwelling without permission and with criminal intent, it can be residential burglary.
Penalties and Sentencing
Residential burglary is a Class 1 felony in Illinois. The potential penalties include:
- 4 to 15 years in prison
- Up to $25,000 in fines
- Mandatory supervised release for 2 years after prison
The judge has discretion in sentencing within these statutory ranges. Factors that can increase the sentence include:
- Prior felony convictions
- Use of a dangerous weapon
- Causing injury to residents
- Burglarizing the home of a police officer, firefighter, judge, or other protected official
Mitigating factors that may lead to a more lenient sentence include:
- No prior criminal record
- No one was home during the burglary
- No weapons or injuries involved
- Remorse and cooperation with authorities
Defenses to Residential Burglary
There are several legal defenses that a skilled criminal defense lawyer may use to fight residential burglary charges, such as:No intent to commit a crime – If the defendant had permission to enter and did not intend to steal or commit any other felony crime, it is not residential burglary.Misidentification – If the defendant can show they were mistakenly identified and were not the actual perpetrator, the charges should be dismissed.Intoxication – Voluntary intoxication is not a complete defense, but may be used to show the defendant did not have the requisite intent.Entrapment – If police improperly induced or persuaded the defendant to attempt the burglary, entrapment may apply.Self-defense – In rare cases, a defendant may have entered the home legally to protect themselves from harm.Mental illness – A defendant found legally insane or mentally unfit cannot be convicted.An experienced criminal defense attorney will thoroughly investigate the facts of the case and identify any viable defenses to get the charges reduced or dismissed.
Home Invasion vs. Residential Burglary
Home invasion (720 ILCS 5/19-6) is a more serious felony charge in Illinois closely related to residential burglary. The main difference is that home invasion requires the resident to be present and the defendant to use force or threaten imminent force against the residents.Home invasion is a Class X felony punishable by 6 to 30 years in prison. Prosecutors sometimes overcharge residential burglary as home invasion, so it is important to have an attorney analyze the facts and distinguish between these charges.
Recent Illinois Cases and Precedent
There have been some notable residential burglary cases recently in Illinois that could impact future cases:
- People v. Bridgewater (2022) – The Illinois Supreme Court ruled that wearing a police uniform alone during a burglary, without other impersonation, is not the type of “false pretense” needed to sustain a residential burglary conviction.
- People v. Withers (2021) – An appellate court upheld a residential burglary conviction, finding the defendant knowingly remained unlawfully in the victim’s apartment based on testimony he had previously been warned to stay away.
- People v. Murphy (2020) – The appellate court held that prior restraint orders could not be used to infer lack of authority to enter a residence for a residential burglary charge. Specific notice is required.
These precedents and others will be analyzed by defense lawyers seeking to get charges dismissed based on issues with the underlying facts or application of the law.
Reporting Residential Burglaries
If you come home to find your house has been burglarized, do not enter or touch anything. Immediately call 911 to report the crime. Police will investigate and collect evidence from the scene. Be prepared to provide:
- Your name, address, and contact info
- Description of any damage, missing items, or anything out of place
- Approximate timeframe of when the burglary may have occurred
- Any security footage that may exist
- Suspect description if you witnessed anything
You should also contact your insurance company to file a claim for stolen or damaged property. Having a detailed home inventory and list of valuables will help substantiate your claim.The police may ask you to come to the station to give a statement after investigating the scene. Cooperate fully to help them identify and apprehend the burglar.
Prevention Tips
While residential burglary cannot always be prevented, there are some proactive measures you can take around your home:
- Install strong deadbolt locks on all exterior doors and windows
- Keep doors and windows locked at all times
- Install a home security system with cameras
- Keep landscaping trimmed to avoid hiding places
- Use exterior lighting and motion sensor lights
- Don’t advertise vacations or absences on social media
- Ask neighbors to watch your home when gone
- Don’t leave a spare key outside – keep with a trusted neighbor
- Make the house appear occupied with lights and TV when away
Being vigilant, maintaining home security, and taking basic precautions can help deter would-be burglars and keep your family safe. If you are the victim of a residential burglary, contact a criminal defense lawyer immediately to protect your rights.
Frequently Asked Questions
What if someone breaks into my garage or shed – is that still residential burglary?Detached garages and sheds are generally not considered part of the “dwelling” under the residential burglary statute. Breaking into these structures may be prosecuted as simple burglary or criminal trespassing instead.Can I be charged with residential burglary if I break into my own home?No, since you cannot burglarize your own lawful dwelling. However, if you are subject to an order of protection or have been legally evicted, entering your former home could still be prosecuted as residential burglary.If I break into a vacation home that is unoccupied, can it be residential burglary?Yes. The dwelling does not need to be occupied at the time for it to be considered residential burglary under Illinois law. It only needs to be a place where people live.What if I was just trying to play a prank on my friend – can I still be charged?Yes, your intent does not matter. As long as you enter their home without permission, you could face burglary charges regardless of whether you intended to steal anything.Can I be charged with both burglary and theft for stealing from someone’s home?Yes, prosecutors often file both burglary and theft/robbery charges to cover both the unlawful entry and the actual theft or criminal act committed inside the home. These charges may merge for sentencing purposes.