When Does Burglary Become a Serious Felony?

 Posted on April 18,2019 in burglary

Recently, thieves broke into a Lincoln Park bike shop. It is estimated that approximately $20,000 in merchandise was stolen. It was also the second time in the same month the shop was targeted. Police do not yet have anyone in custody for this latest crime that seems to be part of a rash of burglaries in the same neighborhood.

Some may consider this burglary, while others may consider the value of the goods stolen and think it is a burglary, but one with a more serious charge. The confusion begs the question, when does burglary become a serious felony in Illinois?

The Crime of Burglary in Illinois

Under Illinois law, burglary is defined as the act of entering a structure illegally with the intent to steal property or commit another serious felony. Normally, burglary is charged as a Class 2 felony, regardless of the amount of goods stolen. This means that the crime is always a felony.

Felonies are always considered more serious than misdemeanor crimes. The penalties for burglary in Illinois are severe, with those convicted facing anywhere from three to seven years, depending on the case. However, there are circumstances that can make felonies even more serious and increase the charge to a Class 1 felony.

When Burglary Becomes a Serious Felony

According to the legal statute, there are many structures that could amount to a burglary charge if someone breaks into them. Sheds, vehicles, aircraft, watercraft, and railroad cars are just a few of the structures outlined in the law. These would all fall under the category of Class 2 felonies, the lesser charge for burglary.

Certain structures can make a burglary a Class 1 felony, though. These include schools, daycares, or other child care centers. When these structures are broken into, the charge of burglary will increase and so too, will the penalties. The sentences for this crime if convicted is a maximum prison term of 15 years.

Other Factors Leading to Serious Felony Charges

In addition to defining the type of structure that was broken into, the prosecution will also take other factors into consideration. For example, if tools were used during the burglary, this can also lead to serious felony charges.

Considering that the thieves in the Lincoln Park bike shop case cut through the locks on the doors as well as the locks securing the stolen bikes in the store, it is reasonable to think they had these tools that will increase their charge if caught.

Those Charged Need the Help of a Burglary Lawyer in Rolling Meadows

Facing a charge of even a Class 2 felony has serious consequences. Those penalties become even more serious when the charge is increased. Anyone facing these accusations must speak to a dedicated Rolling Meadows burglary lawyer for help. If you have been charged with burglary, regardless of whether it is considered a Class 1 or Class 2 felony, contact the Law Offices of Christopher M. Cosley today at 847-253-3100. There is a possibility that you could have your charges reduced, and we can provide you the strong defense you need. We also offer free consultations, so call today and we will begin discussing your case.

Sources:

https://abc7chicago.com/$20k-in-merchandise-stolen-from-lincoln-park-bicycle-shop/5144942/

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-1