Can You Be Convicted of Burglary Charges Without Property Theft?

 Posted on May 21, 2019 in Criminal Law

In Illinois, burglary and robbery are two different offenses based on the situation. A person can be charged with robbery if property has been stolen from a home or business. According to Illinois law, a burglary charge is what is issued even if no property is taken.

Burglary is defined by Illinois law as entering a building, car, boat, airplane, or motorhome with the intent of stealing property. An act of burglary then becomes an act of robbery when property is physically taken by force.

Burglary Punishments

There are numerous ways a person can commit burglary, and each circumstance can result in a felony conviction. The severity of the punishment is determined by whether the alleged robbery damaged any property during the event.

• Class 3 Felony: Is charged when there has been no damage to a household, building, car, airplane, boat, or motorhome.
• Class 2 Felony: Is charged when there is damage done to a household, building, car, airplane, boat, or motorhome. This conviction can result in a prison term between three and seven years.
• Class 1 Felony: Is charged when a burglary has been committed against a daycare center, school, another childcare facility, or religious center. This charge can result in a prison term between four and 11 years.

In cases of Class 2 or Class 1 felonies, the prosecution can increase the severity of a sentence based on the criminal history of the suspect. In some cases, a conviction can result in a fine of up to $25,000.

Burglary Defense Strategies

With the help of a skilled defense attorney, there are several ways a suspect can defend against burglary charges.

• Prove Innocence: In many cases, burglaries are committed at night, which makes it difficult for a victim to properly identify suspects. The prosecution has to prove beyond doubt that a suspect really committed the crime.
• Misunderstanding: In some burglary cases, a homeowner or property owner has previously given a suspect permission to be at the location, and the suspect was simply acting on that agreement.
• Lack of Intent: In order for there to be a burglary charge, there must be proof of intent to steal property.
• Entrapment: A suspect can argue that someone else tricked them into committing the crime when they otherwise would not have.

Contact a Joliet, IL Criminal Defense Attorney

If you have been charged with burglary, the first step is to seek the help of a skilled defense attorney. The Will County burglary defense lawyers of the Law Offices of Tedone and Morton, P.C. are ready to fight for the best possible result in your case. To schedule a free consultation, call us today at 815-666-1285.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=62600000&SeqEnd=63400000

https://criminal.findlaw.com/criminal-charges/burglary-defenses.html

https://statelaws.findlaw.com/illinois-law/illinois-burglary-laws.html