Burglary Lawyer in Peoria

Accused of Burglary? Get a Proven Peoria Defense Lawyer

In Peoria, Illinois, burglary is a serious criminal offense that involves unlawfully entering a structure with the intent to commit theft or another felony. This crime carries severe penalties, including lengthy prison sentences, fines, and a permanent criminal record. At Johnson Law Group, LLC, we understand the complexities of local burglary laws and are committed to guiding our clients through the legal process with diligence and care.

Burglaries in Peoria are prosecuted rigorously, reflecting the community's commitment to safety and property security. It is crucial for defendants to understand the nature of the charges they face, as burglary can often be confused with theft. The distinction lies in the unlawful entry intent, making it imperative to have a knowledgeable defense team. Our attorneys are adept at negotiating with prosecution, potentially reducing charges or penalties based on the specific details of the case.

Protect your rights and your freedom with a trusted burglary lawyer in Peoria by your side. Schedule your legal consultation today by calling (309) 565-8825 or reaching out online—your defense starts with one call.

Understanding Burglary Charges in Illinois

Illinois law meticulously defines burglary, distinguishing between different types of structures and the presence of individuals, which significantly impacts the severity of the charge. It's crucial to understand that burglary is not merely unlawful entry; it fundamentally requires the intent to commit a felony or theft inside the structure at the time of entry. As your burglary lawyer in Peoria, we will ensure you have a clear and comprehensive understanding of the precise charges leveled against you.

The core elements of a general burglary charge (720 ILCS 5/19-1(a)) in Illinois include:

1. Unauthorized Entry or Remaining: You must knowingly and without authority enter or remain within a specific type of structure. "Without authority" means without the consent of the owner or person in possession.
2. Specific Structures: This includes a building, house trailer, watercraft, aircraft, motor vehicle, railroad car, freight container, or any part thereof.
3. Intent to Commit a Felony or Theft: At the time of the unauthorized entry or while unlawfully remaining, you must have had the "intent to commit therein a felony or theft." This is a critical element. The intended offense doesn't have to be theft; it could be assault, a sex offense, battery, or any other felony.

The degrees of burglary in Illinois are categorized by severity:

Standard Burglary (720 ILCS 5/19-1(b)) - Class 2 Felony

• Burglary committed in a building, housetrailer, or any part thereof is a Class 2 Felony. This includes commercial buildings, offices, and garages that are part of a residential property but not the dwelling itself.
• Burglary committed in, or while causing damage to, a watercraft, aircraft, motor vehicle, railroad car, or freight container, is also a Class 2 Felony.
• Penalty: 3 to 7 years in prison. Probation may be possible for first-time offenders.

Residential Burglary (720 ILCS 5/19-3) - Class 1 Felony

• This is considered a more severe offense because it involves the invasion of someone's living space. A person commits residential burglary if they knowingly and without authority enter or remain within the dwelling place of another, or any part thereof, with the intent to commit therein a felony or theft.
• Penalty: 4 to 15 years in prison. Probation is generally not available for residential burglary, making imprisonment likely upon conviction, except in very limited circumstances like certain substance abuse treatment programs (formerly TASC probation).

Aggravated Burglary (720 ILCS 5/19-6) - Class X Felony

This is the most severe form of burglary in Illinois, occurring when specific aggravating factors are present. A person commits aggravated burglary if they commit a standard burglary (entering a building or specific structure) and, in addition:

1. The offender carries a firearm or a loaded firearm (concealed or not); OR
2. The offender discharges a firearm in the building; OR
3. The offender causes bodily harm to another person.

• Penalty: Aggravated Burglary is a Class X Felony, carrying a potential sentence of 6 to 30 years in prison. This is a particularly serious classification that limits sentencing options and usually requires imprisonment.

Possession of Burglary Tools (720 ILCS 5/19-2) - Class 4 Felony

A person commits this offense when they possess any tool (e.g., key, lock pick, explosive) suitable for breaking into a structure or depository, knowing the tool is for such use, and with the intent to commit therein a felony or theft.

• Penalty: This is a Class 4 Felony, punishable by 1 to 3 years in prison.

The precise definitions, the critical element of "intent to commit a felony or theft," and the escalating penalties based on the type of structure and aggravating factors, make it imperative to have a seasoned burglary lawyer in Peoria on your side.

Aggravating Factors and Enhancements

• Use of a Firearm/Loaded Firearm/Discharge of Firearm (Aggravated Burglary): These elements automatically elevate the charge to a Class X felony with severe mandatory minimums.
• Causing Bodily Harm (Aggravated Burglary): This also elevates the charge to a Class X felony.
• Prior Convictions (Extended Term Sentencing): Illinois has strict extended-term sentencing guidelines. If you have a prior felony conviction (especially within 10 years and of the same or higher class), the maximum allowable sentence can be doubled (e.g., 7 years for Class 2 can become 14 years; 15 years for Class 1 can become 30 years).
• Specific Locations/Victims: Burglary committed in places like daycares, schools, or places of worship, or where a child is present, can carry enhanced penalties.
• Mandatory Supervised Release (Parole): Upon release from prison, a period of Mandatory Supervised Release (MSR) or parole applies (e.g., 1 year for Class 1 felonies, 3 years for Class X felonies).

The specific nuances of each charge and the possibility of severe enhancements highlight why a diligent Peoria burglary attorney is absolutely necessary.