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Orland Park Burglary Defense Attorney

DuPage County Criminal Defense Lawyer for Charges of Burglary and Residential Burglary

Burglary involves going into a building or other structure/conveyance listed – while no people are present at any point. That is the distinction between burglary and robbery. Here, with burglary, the major issue usually surrounds whether the person charged was present "with the intent to commit a felony or theft". The State must prove this beyond a reasonable doubt. There are many factors that go to show this intent, and also many factors which go to show that the person's intent was NOT to commit a felony or theft. Each case is different, and the facts of each case are different. Of course, the State has the burden of proving every element of the offense beyond a reasonable doubt.

The Sentence

CLASS 2 FELONY – 3-7 years prison

Probation Possible? – Yes

CLASS 1 FELONY – 4-15 YEARS, IF - the BURGLARY IS committed in a school, day care center, day care home, or part day child care facility, or place of worship (UNLESS THE DAY CARE CENTER , day care home, or part day child care facility WAS OPERATED IN A PRIVATE RESIDENCE USED AS A DWELLING).

Probation Possible – Yes.

Success Story: We successfully defended a client charged with burglary by showing and arguing that the State had not proved beyond a reasonable doubt that our client's intent in entering a building was for the purpose of committing a felony or theft. Our client had refused to give a statement to the police when he was apprehended in a building (as was his absolute right under the Fifth Amendment of the United States Constitution), he had no burglary tools with him, had nothing else in his possession that would substantiate the State's argument that he had to have been there to do something illegal. It is not enough for the State to just argue that a person HAD TO have been there for an illicit purpose, the State must PROVE that the person intended to commit a felony or theft. Our client was found "not guilty" after trial.

Residential Burglary

Residential Burglary involves going into the "dwelling place" of another. The State has the burden of proving beyond a reasonable doubt that the person charged was present "with the intent to commit a felony or theft". As is the same with the charge of burglary, there are many factors that go to show this intent, and also many factors which go to show that the person's intent was NOT to commit a felony or theft. Each case is different and the facts of each case are different. Of course, the State has the burden of proving every element of the offense beyond a reasonable doubt.

Residential Burglary charges may also involve an act of deception to gain access to a dwelling place for the purpose of committing a felony or theft or to aid another person in committing a felony or theft. Examples include posing as a Commonwealth Edison worker, or a Comcast worker, to get into a dwelling for the purpose of committing a felony or theft. This applies even though the person is actually allowed into the dwelling by the owner or occupier – so, technically, the person entered with the authority of the owner – but it was under false pretenses. As is always the case, the State has the burden of proof, beyond a reasonable doubt, that the person charged committed all elements of the offense.

The Sentence

CLASS 1 FELONY – 4-15 YEARS

Probation Possible – Yes.

Contact Our Oak Forest Burglary Defense Lawyer

If you have been charged with burglary, our firm can help you defend against these charges. Contact us at 708-966-2408 to set up a consultation.

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