How to Fight a Burglary Charge in Illinois

 Posted on August 06,2018 in Theft

Facing anycriminal charge can be alarming and frightening. Most crimes are made up of different elements, levels, and a number of other factors that can be confusing. Burglary is no exception. In Illinois, there is more than one type of burglary. Depending on the circumstances surrounding the alleged crime, a defendant could be charged with a Class 1 felony, which is the most severe type of felony possible for a burglary charge. Since a charge can be so serious, it is imperative to have an attorney who can provide the best defense possible. There are many strategies and defenses that can be employed to fight a burglary charge, as described in detail below.

You Have an Alibi

One of the strongest defenses to burglary available is that you simply were not around to do it. Being able to prove your whereabouts, beyond just you saying you were not there to commit the crime, is a strong device. In order to establish an alibi, any number of things can be proved to show the defendant was doing something else at the time of the crime— video tape, cell phone records, credit card receipts, or even witness testimony.

There is No Proof

A strategy that is often effective in criminal cases is attacking every piece of evidence that the prosecutor is presenting to prove a defendant’s guilt. Poking holes in the credibility of the evidence, proving that police work or searches were illegal, and otherwise proving that evidence is lacking and insufficient can result in a not guilty finding.

Often times, properties will have surveillance cameras to monitor what is going on within a building. This footage, however, is not always of the highest quality. A grainy video surveillance system could provide doubt that it is the defendant that is the one committing the crime.

You Were Authorized to Enter the Property

There is a big distinction between burglary and theft. Burglary requires that a person entered the property of another with the intent to commit a crime. They must also not have the permission to enter. Theft, on the other hand, involves the taking of property from a place or dwelling that the defendant is allowed to be in. Therefore, if a defendant can prove that they had permission to enter a property, burglary is not an appropriate charge. While a burglary charge may be avoided, there is still the possibility for a theft charge.

Contact Us Today for Help

If you have been charged with burglary, you need an attorney who has the strategy and capabilities to fight your case with fervor. The passionateRolling Meadows criminal defense attorneys at the Law Offices of Christopher M. Cosley are here to help you. We understand that a criminal charge can have devastating effects on one’s life. Therefore, you need an attorney you can trust to obtain the best result possible. Contact us today for a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=62600000&SeqEnd=63400000

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1