Chicago Burglary Lawyer

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Burglary is a serious crime that is charged as a felony in this state. If you are charged with an alleged burglary, not only are you facing likely jail time, but consequences that could follow you for the rest of your life. If you are in this situation, you need a skilled defense attorney; a Chicago burglary lawyer at Price Benowitz could provide you with vigorous legal representation as you seek the best possible result in your case.

Elements of Burglary

In order to convict someone of burglary in Chicago, a prosecuting attorney bears the burden of proof to show that each element of a burglary is present. They must prove the charges against you beyond a reasonable doubt. The elements that the prosecutor must demonstrate to convict a defendant of burglary include entry, lack of authority, and intent.

To demonstrate entry, the prosecutor must prove that the defendant entered or remained within a building, trailer, watercraft, aircraft, motor vehicle, or railroad car. Secondly, that entry or presence must be without legal authority or permission. Finally, the prosecutor must show that the defendant intended to commit a felony or theft inside the premises at the time of entry.

You do not have to actually commit a crime on the premises to receive a burglary conviction. All the prosecutor must prove is that you entered with the intent to commit a crime.

Defenses to Burglary Charges

If you have been charged with burglary (720 ILCS 5/19-1), your attorney will review the facts and circumstances of your case to help determine whether you have any possible defenses to the charges. The following are common defenses to a burglary charge:

• Lack of intent, proving that the defendant did not intend to commit a theft or felony upon entry
• Mistaken identity, when there is insufficient evidence linking the accused to the scene
• Consent, demonstrating that the accused had permission to enter the property, negating the unlawful entry element
• Coercion, showing that someone else forced the accused to commit a crime under threat of duress
• Insufficient evidence or procedural errors, such as unlawful search and seizure, leading to reduced charges or dismissal

If you have been arrested for an alleged burglary in Chicago, it is important to speak to an attorney as soon as possible to learn your rights and legal options.

What Are the Penalties for a Burglary?

Burglary in Chicago is a Class 2 felony, punishable by fines of up to $25,000 and three to seven years in prison, but certain legal factors can elevate the severity of the charge.

Residential Burglary

If the alleged offense occurs in a dwelling, the law classifies it as a Class 1 felony, carrying four to 15 years in prison. Although there is no mandatory minimum for a standard burglary conviction, if you are convicted of residential burglary, state law makes it mandatory to go to prison for a significant period of time.

Aggravated Burglary

If the offender is in possession of a firearm or other dangerous weapon, the charge may be elevated to a Class X felony, which can result in six to 30 years in prison.

Additionally, causing damage during the burglary can increase the charge to a Class 2 felony, carrying three to seven years in prison. In each case, the judge has a tangible amount of discretion as to whether someone receives the lightest or harshest sentence. Factors such as your criminal record and the circumstances of the crime carry serious weight.

What a Burglary Defense Lawyer Does

A Chicago defense lawyer who focuses on theft cases, such as burglaries, is going to start by reviewing the evidence against you. A proactive legal team could search for flaws in the district attorney’s case, such as a lack of intent, mistaken identity, or procedural violations.

Most burglaries today end in plea bargains rather than going to trial. During plea bargain negotiations, your burglary lawyer could advocate for a dismissal, reduced charges, or alternative sentencing.

In the unlikely event that your case does go to trial, your attorney could assemble the best possible defense to create as much doubt as they can. Trying to make a deal with the prosecutor on your own is a tough undertaking, as you would not have prior knowledge of how plea deals in similar cases have been agreed upon.

Contact a Skilled Burglary Attorney in Chicago Today

Schedule a free case review with a Chicago burglary lawyer from Price Benowitz now. You have nothing to lose by meeting with an experienced attorney and learning your legal rights and options. When your future and freedom are at risk, you cannot afford to take any chances. Set up your free case evaluation today.