Home Invasion Charges in Illinois
Illinois is among the few states that distinguish residential burglary from home invasion as a separate criminal offense. As a Class X felony, this crime carries a maximum fine of $25,000 as well as a possible sentence of six to thirty years in state prison. In certain counties, the possibility of being found guilty of a serious Illinois criminal charge is higher since the judge might not have the option of placing you on probation. Even after serving their term in jail, anyone found guilty faces three years of supervised release or parole.
The Illinois Department of Corrections may impose a term of up to 30 years on an individual found guilty. The prosecution may choose to prosecute an accused person with this felony violation even when the nature of the force may have included sexual assault.
Definition and Legal Criteria for Home Invasion
When someone who is not a peace officer acting in the course of their official duties enters another person's property without authorization, they commit a home invasion. When they falsely represent themselves, pretending to be a representative of a construction, utility, or unit of government in order to obtain entry into another person's property when they know or have reason to know that one or more people are present. Uses force or threatens to use force against any person or people within the home, whether injuries are sustained while brandishing a dangerous weapon that isn't a firearm.
Home invasion and residential burglary have many similarities, but they are two different crimes, and not every forced entrance or break-in qualifies as a home invasion in Illinois. Even though you have an ownership stake in the house, you could still face charges if your spouse won the property in a divorce proceeding or if you are prohibited from entering the house by a protective order. This is termed "dwelling place of another." It covers situations in which the defendant retains a tenancy interest but is prohibited from doing so by a divorce decree, judgment of dissolution of marriage, order of protection, or other court order.
Consequences of a Home Invasion Conviction in Chicago
- As a class X felony, housebreaking is an extremely serious offense. If found guilty, the offender will face a jail term and is not eligible for probation. The sentence must be extended if specific aggravating circumstances exist.
- Even if you do not injure someone, possessing a dangerous non-firearm weapon while making threats or using force is a Class X felony that carries a maximum sentence extension of thirty to sixty years, no probation, and a possible $25,000 fine.
- Possession of a firearm and threatening to use force against an individual is classified as a Class X felony, with a minimum sentence of six years and a maximum of thirty years in prison, as well as the possibility of an extended term of thirty to thirty years and a $25,000 fine.
- Suppose you commit any sexual assault, child predatory assault, or sexual abuse against someone there; the maximum punishment for a guilty conviction is sixty years in prison, with an additional thirty to sixty years behind bars.
How Kuchinski Law Group Defends Against Home Invasion Charges
In Illinois, if you are accused of illegal entry, you should request to speak with an attorney and that you will not be answering their questions. Kuchinski Armed Home Invasion Defense works closely as a team with our clients to craft the most compelling defense plan because we understand that they are among the strongest sources of factual information about what happened and law enforcement behavior.
In certain cases, housebreaking legal help attorney at Kuchinski Law Group can also prove that the client promptly turned themselves in to the person inside the house without threatening or inflicting significant physical harm or by attempting to use threat or cause harm in order to avoid being charged with illegal entry or to get a dismissal or acquittal. With a good defense, you have a good chance of not being found guilty if you quickly surrender or leave the premises after realizing someone else is inside, as the use of force, the threat of bodily harm, or attempt to do so is an essential part of the offense.
Crafting a Strong Defense Strategy
All elements of your life, including relationships, your reputation, your education, your profession, and more, will be negatively impacted in the future by a crime on your record. To guarantee that these charges don't harm your records or reputation, Sergei Kuchinski, Esq. can help you have a good defense against them.
The prosecution must prove that you had particular knowledge and purpose in order to convict you since the act is a specific intent felony. Though you might not have the intent, you can still be charged with other crimes, such as burglary, if you were unaware that people were inside the house. The prosecutor may still bring a lower charge, but it is crucial to avoid committing a Class X felony since it carries a significant risk of state jail, mandatory minimum sentences, and probationary status denial.
Potential Defenses in Home Invasion Cases
- Break and enter lawyers can contend that the accused entered the house without intending to commit a crime. In B&E violations, purpose is a key component, and proving there was no criminal intent may be a potent defense.
- As part of our defense plan, Mr. Kuchinski could contest the identity of the accused. This might entail making the case that the eyewitness accounts are not trustworthy or that the identity of the subject was unclear.
- The defense may contest the prosecution's allegation that the accused entered the house using force or the threat of force. The level of intimidation during entering may affect how serious the accusation is.
Available defenses will rely on the established and provable facts and circumstances of your case. Seek housebreaking legal help from Kuchinski Law Group’s criminal defense lawyer to decide how to proceed. We are here to offer assistance and legal advice whether you or someone you know has been charged with home invasion. Call Sergei Kuchinski, our lead home invasion attorney at (312) 765-7365 to safeguard your legal rights.
