Chicago Burglary Lawyer
Defending Clients against Burglary Charges
Regardless of how it occurred or the specifics behind the individual situation of each case, burglary is a serious offense. In many cases, burglary is associated with theft, but this is not a prerequisite to be charged with this crime. Burglary is defined as the unlawful entering of another person’s property with the intention of committing theft or a felony. A felony may include any sort of crime; it need not involve the stealing of property. As a matter of fact, the intended crime does not actually have to be committed. The defendant need only stand accused of unlawfully entering another’s property with the intent to commit the crime.
A Chicago criminal lawyer will be of immense help in protecting a defendant who faces these serious charges. At the Law Offices of Howard J. Wise & Associates, we have many years of successful experience both in prosecution and criminal defense across a broad spectrum of thousands of criminal cases. Our firm is dedicated to assisting those who have been accused of a crime, and we feel strongly that every person deserves a full and strong defense, no matter the charges they may be facing.
Burglary Defense Attorney in Chicago
Regardless of the details of a case, burglary is always charged as a felony in the state of Illinois. The severity of these felony charges can vary – as can their subsequent punishments upon a conviction – based upon the specific circumstances of the case. Important matters to consider will include such factors as whether a person was injured in the commission of a burglary or whether a deadly weapon was possessed or used. Burglary of a building or business can bring with it a 3 to 7-year prison sentence. However, residential burglary (the burglary of a home or occupied dwelling) brings with it a much harsher 4 to 15-year prison sentence.
Residential Burglary Attorney in Chicago
About Residential Burglary Charges
Residential burglary is a serious charge. In fact, Illinois prosecutors will always pursue felony charges for burglary, regardless of the specifics behind an alleged offense. If you or a loved one has been arrested for residential burglary, remember to remain calm and cooperate with authorities, but do not make any statements or agree to any questioning until you have your Chicago criminal defense attorney present to protect your legal rights and best interests. The police will work tenaciously to better their case through your consent to be interrogated without counsel, but you have every right to remain silent and protect yourself from incrimination.
Burglary involves the entering of a building with intent to commit a felony or theft. While many times theft is the motive of a burglary, charges can be pressed if any felony was intended to be committed by the perpetrator. It also is irrelevant as to whether the intended crime was actually committed or not. While burglary in general is considered a Class 2 felony by state law, residential burglary is a much more grievous offense. As opposed to unlawfully entering a business or unoccupied building to commit a crime, when that building is a home or occupied dwelling, the crime becomes an automatic Class 1 felony. Punishment will include a 4 to 15-year prison sentence – without the possibility of probation.
Burglary and Residential Burglary: Penalties
Burglary is described as the entering of a building or vehicle without permission with the intention of committing a felony or theft. A Class 2 felony, the penalty for burglary is 3 to 7 years in jail. Residential burglary is the same charge as burglary, except that it involves entering a residence. This is a Class 1 felony and the possible sentence is 4 to 15 years in prison.
Our firm is relentless in defending clients who are facing these charges. We firmly believe that a person is innocent until proven guilty, and we take seriously our obligation to provide our clients with a zealous defense against their charges. We leave no stone unturned in reviewing the evidence for discrepancies. We scrutinize any searches or confessions for violations of our clients’ constitutional rights. When we find violations, we move to suppress unlawfully obtained evidence, as this may lead to a dismissal of charges.
We recognize that the prosecution has a duty to prove beyond a reasonable doubt an intention to commit burglary. This can be difficult for the prosecution to do. Where their evidence is weak on this, we press for an acquittal.
Our attorneys are ready to act on your behalf. Contact a Chicago burglary attorney at our firm to see how we can help you!