Difference between Home Invasion and Burglary

Posted by John Callahan | Oct 14, 2018 | 0 Comments

Typically, in Illinois, if you are charged with breaking and entering another's home, the State will prosecute you for both home invasion and burglary. In Illinois, burglary is a Class 2 felony and you could face up to six years in prison if convicted. Burglary occurs when a person knowingly enters a building without permission and has the intention to commit a theft or a felony inside. A burglary is upgraded to a Class 1 felony when it is committed in a school, daycare center, or place of worship. Burglary is a very serious offense under Illinois law, but home invasion is much more serious. Under Illinois law, you can commit the crime of home invasion by entering or remaining in another person's dwelling without permission, knowing that a person is home, and you either: (1) are armed with a firearm or other weapon and uses or threatens to use force, (2) injure someone, (3) use or threaten to use force and fires a gun, or (4) commit sexual assault or sexual abuse. Home invasion is a Class X felony and is punishable by up to thirty years in prison if convicted.

To be convicted of a burglary, the prosecution must prove beyond a reasonable doubt that you entered another's home with the intention to commit a felony inside (even if you do not commit an actual felony). However, to be convicted of home invasion, the prosecution must prove beyond a reasonable doubt that you entered another's home and committed a felony inside.  Sometimes, people accused of burglary and home invasion happen to be in the wrong place at the wrong time and may feel like the odds are stacked against them. In fact, lawyers might even agree with the prosecution and tell that person just to give up and plead guilty. You won't find that type of lawyer at our firm. At the law offices of John W. Callahan, Ltd., we refuse to back down against any challenge and will work hard to have you acquitted or have your charges dropped to a lesser offense, such as residential trespass. In fact, we have built a history of success taking on impossible cases and often helping our clients walk away without jail time and with clean records.

To arrange for a free consultation, call our office at 1-877-335-6697 to speak with a lawyer. You can also reach us by e-mail. We will help you understand the options you have available to fight your burglary and home invasion charges.

About the Author

John Callahan

You never get a second chance to make a first impression. You may also never get a second chance to preserve your freedom if faced with criminal or DUI charges. If you are currently facing criminal charges, contact the law offices of John W. Callahan to protect you, your rights and your freedom. ...


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