Burglary: It Is Not Just Breaking and Entering

 Posted on January 21,2015 in Criminal Defense

Thanks to police procedural shows and courtroom dramas, the public has a lot of ideas about what the law is and what it is not. Unfortunately, since every state has different laws and television writers are not bound to accurately represent any of them, sometimes these ideas about the law can be mistaken. This can be particularly problematic when it comes to criminal law. One example of a crime that is often misconstrued is burglary.

So What is Burglary?

Most people think of burglary as breaking into a house or business to steal something. And this is, in fact, correct: that would be a burglary. But in Illinois, the crime of burglary includes much more than those two possibilities. Like all state crimes in Illinois, burglary is defined by statute. According to the state statute:

A person commits burglary when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or a theft.

This means two things. First of all, burglary is not just about breaking into buildings. In Illinois one can commit burglary in planes, trains, automobiles, and a whole host of other areas. The other important thing that most people do not realize is that burglary does not have to be about stealing something. While intent to commit a theft is sufficient to make the crime a burglary, it is not the only way. An intent to commit a felony while one is unlawfully in one of the covered areas is also sufficient to make the crime a burglary. What, then, is a felony? A different Illinois statute defines a felony as “an offense for which a sentence to death or to a term of imprisonment in a penitentiary for one year or more is provided.” Thus, an intent to commit a serious crime is enough. For example, breaking into someone’s airplane to commit an aggravated battery would count as a burglary. It is important to note, however, that if the underlying crime is theft, the theft does not have to be a felony theft. Any sort of theft is enough to constitute a burglary.

Residential Burglary

There is a crime in Illinois called “residential burglary” that is closer to what people may commonly think of as burglary. This crime requires the unlawful entry into or remaining in the dwelling place of another in order to commit the theft or felony. One type of residential burglary occurs when a person falsely represents him or herself to be a government representative or utility worker to gain access to someone’s dwelling in order to commit a theft or a felony.

Call us Today

If you or a loved one is charged with burglary, or any other criminal offense, you will need the assistance of an experienced Rolling Meadows criminal defense attorney. That is why you should call the Law Offices of Christopher M. Cosley. Our phone number is 847-253-3100