In the State of Illinois, a person commits burglary when they enter a building, structure or even a boat with the intent to commit a theft or felony. You also commit burglary if you simply enter a building through any open access without breaking in. You don't need to break anything or take anything. If a person entered a closed business at night, for example, and was apprehended empty handed on the premises, the police would still likely charge the person with burglary. This is an extremely serious legal problem and requires the assistance of a Chicago violent crime defense lawyer from the moment of the arrest.
A home invasion has taken place when a person enters the home of another person, commits a crime, and the person knows or has reason to suspect that the home is occupied at the time. Illinois is one of currently one the few states with home invasion statutes. If a weapon is used during the course of a home invasion, the consequences are most severe if convicted. Because the laws are particular to the state jurisdiction where the crime occurs, it is important to consult an attorney who is familiar with home invasion law. The crime of home invasion is a very serious felony offense and time spent in state prison is part of the penalty you will face if convicted. The crime carries other consequences besides imprisonment including probation, restitution, and fines. The factors that will affect the outcome of the case can include whether the person has had prior convictions for similar crimes or other criminal history, and the extent of the injuries caused.
Defenses for this type of crime can include the fact that the person is not in fact guilty, that is, they had permission to enter the home in the first place. Also, there may be insufficient evidence to convict the person of the crime. Because of the serious nature of the charge, you must secure experienced counsel as soon as you are arrested in order to obtain the best outcome for your case. The Chicago defense team of the Law Offices of Michael P. Schmiege is familiar with the laws and the procedures for defending a burglary or home invasion charge and will aggressively fight to defend clients who have been arrested and charged with this offense.
Contact a Chicago burglary defense attorney from the Law Offices of Michael P. Schmiege at once if you are facing charges of burglary or home invasion.
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