Home Invasion Charge in Illinois
Illinois home invasions occur more often than most assume. This is becoming an increasingly common crime as the wealth gap between the rich and poor now matches that of the Great Depression. Sadly, some people are falsely accused of invading a home due to personal conflicts or other reasons. Just because you are accused of invading a home does not mean you will automatically be found guilty.
The Legal Definition of a Home Invasion
Home invasions are not the same as other violations that might seem somewhat similar on the surface. Home invasions cover entering inhabited buildings and inflicting injuries on those inside or those who arrive at the scene of the crime. Home invasion also encompasses entering inhabited dwellings, threatening to use force or using force when armed. If you are accused of a home invasion in which you used force while armed or threatened to do so, it might be necessary to rely on the expertise of a weapons cases specialist.
Accused or Charged With Home Invasion? Illinois’ Best Criminal Defense Attorney can Help
If you are facing a home invasion case, you need a creative and experienced attorney to craft a strategic legal defense on your behalf. Hire the wrong attorney or represent yourself in a pro se manner and you run the risk of losing your freedom for an extended period of time. The best criminal defense attorneys keep their finger on the pulse of the legal industry. Attorneys worth their keep recognize the fact that laws are dynamic rather than static so there is always the potential for changes. Take a look at the letter of the law and you will find Illinois lawmakers have changed home invasion laws several times.
The Nuances of Illinois’ Home Invasion Laws
The definition of home burglary was once limited to breaking and entering another’s home in the midst of the night with the intention of committing a felonious crime while inside. Nowadays, simply stepping foot in a building without the owner or resident’s permission can result in a harsh penalty. As long as you enter the building with the intent to commit a felonious crime and do not have the proper permission to be on that property, you will likely be punished.
Residential burglary is distinct from home invasion. Residential burglaries occur when an individual enters another’s living space with the intention of stealing. In fact, merely entering such a space with the intention of stealing something as simple as a radio qualifies as residential burglary. Residential burglary is applicable to all types of dwellings. The legal definition of a dwelling is a house, apartment, RV or trailer. If an individual is living in any of the forementioned spaces and violence occurs, the stakes are raised that much more. It is particularly interesting to note one does not have to actually burglarize the dwelling in order for it to be a punishable offense. Simply entering the home and intending to commit burglary is enough for punishment.
The Issue of Intent
Everything from transmitting a text message to telling someone about the plan to burglarize a dwelling qualifies as intent. Even an individual who beings to steal then stops when police show up has demonstrated the intent to burglarize the dwelling. You really can be found guilty if you attempt to commit the crime of home invasion yet are subsequently stopped by agents of the state once you have breached the dwelling. It does not matter if you have already pocketed expensive jewelry or did not steal a single thing; all that matters is you intended to breach the dwelling.
Illinois Home Invasion Laws can be Amended complicating matters is the fact that Illinois lawmakers continue to amend home invasion laws. Do not attempt to navigate this increasingly-difficult legal maze without the assistance of an experienced criminal defense attorney.
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