Home invasions are considered by prosecutors to be among the most severe criminal offenses. It is a horrific experience that few people can relate to unless they have personally experienced breaking and entering charges in Chicago.
It is advised that you use your constitutional right to remain silent and seek to talk with a counsel straight away if you have been charged with a home invasion Chicago. Sergei Kuchinski is a breaking & entering lawyer who can help you navigate the intricacies of the law. The charges are quite serious, and a single error might result in years behind bars.
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.
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.
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.
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.
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.