Law Offices of Tedone and Morton, P.C.

Joliet Office


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Plainfield, IL defense attorneys

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.


The 29-year-old gunman pleaded to a reduced charge that could see him released from prison in less than four years.

Marcos Camargo,29, pleaded guilty to shooting a man to death but can get out of prison in less than four years. Credit Courtesy of the Will County Sheriff's Department

A plea deal struck Tuesday in Will County Court could spring a killer from prison in less than four years.

Marcos Camargo, 29, copped to second degree murder and agreed to take a 14-year prison sentence.

But Camargo can get out in half that with good time credit, said his attorney, Cosmo Tedone. And Camargo has already served more than three of those seven years in the Will County jailwhile waiting for his case to play out.

"I just think this is a fair disposition based on the facts of the case, the witnesses, their being no forensic evidence, and the fact that somebody did die," Tedone said.

"Even though my client has maintained his innocence all along, this is a fair disposition," said Tedone, who along with attorney Charles Bretz represented Camargo.

Camargo was indicted on charges of first degree murder, aggravated battery with a firearm and aggravated discharge of a firearm in connection with a June 2009 killing in Joliet's St. Patrick's neighborhood.

Assistant State's Attorney Chris Koch said that just prior to the fatal shooting, 17-year-old Alfredo Aguirre and "several individuals" chased another man down an alley between Comstock and Illinois streets. Camargo—who was not being chased—then shot Aguirre to death and also allegedly wounded a second man, 22-year-old Anthony Alexander of Plainfield. Alexander took a bullet to his foot.

Koch said Camargo told detectives he was "shooting low but must have shot higher than he thought." Tedone countered that it was actually Alexander who told that to detectives. Koch told Judge Edward Burmila that it showed Camargo had an "unreasonable belief of self-defense."

Alexander is doing three years and three months in Danville Correctional Center for burglary, possession of cannabis and robbery. Tedone said prosecutors had secured a writ to ship Alexander in from Danville to testify against Camargo.

While the sentence deal has been agreed to, it won't be official unless Judge Burmila imposes it on March 5.

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