Home Invasion: An Illinois Crime Commonly Charged in Connection With Burglary

 Posted on December 19, 2017 in burglary

Earlier this month, a 56-year-old man was sentenced by Illinois Judge Thomas Berglund to serve 30 years in prison in connection with a home invasion that the offender confessed to committing earlier this year, reports The Register-Mail.

Reportedly, the homes invasion took place last spring when the offender entered the home of an 83-year-old man and hit the resident over the head with a metal desk lamp. The elderly victim suffered great bodily harm and was discovered by a neighbor two days after the incident occurred.

After admitting that this was in fact the course of events that took place, a negotiated plea agreement was reached in which two other charges (residential burglary and aggravated battery causing harm to someone over 60 years of age) were dismissed and the prosecution continued ahead with the home invasion charge for which the offender is now serving time.

The Crime of Home Invasion Under Illinois Law

Home invasion is a criminal offense that often goes hand in hand with burglary in Illinois. Under Illinois law, a burglary is committed when an individual remains in or enters a building or a vehicle whichhe or she does not have permission to enter or remain in with the intent to commit theft or a felony therein. However, if a burglar enters a dwelling and causes injury or threatens the use of force against someone therein, thenhe or she may have also committed the crime of home invasion.

Under section 720 ILCS 5/19-6 of the Illinois Compiled Statutes, the crime of home invasion is committed when a person (who is not a police officer doing their job) knowingly and without the authority to do so enters or remains in the dwelling of another while knowing, or having reason to know, that someone is in the dwelling and:

• Has a dangerous weapon (that is not a firearm) that they use or threaten to against any person(s) present in the dwelling,
• Intentionally injures any person(s) present in the dwelling,
• Is armed with a firearm, uses or threatens force upon any person(s) present in the dwelling,
• Uses or threatens to use force upon any person(s) present in the dwelling while personally discharging a firearm,
• Personally discharges a firearm that causes permanent disability, great bodily harm, permanent disfigurement, or death to someone within the dwelling, or
• Commits criminal sexual assault or criminal sexual abuse against any person(s) present in the dwelling.

However, it should be noted that under Illinois law anyone charged with the crime of home invasion has an affirmative defense ifhe or she immediately surrendered or left the premises upon realizing that one or more people were present in the dwelling that the alleged offender unlawfully entered or remained in.

Let Us Help You with Your Case

If you have been charged with home invasion in Illinois be sure to contact the Law Offices of Christopher M. Cosley today. Under Illinois law home invasion is an extremely serious offense. In fact, home invasion is a Class X felony that carries a mandatory minimum prison sentence of 6 to 30 years. To discuss your legal options with an experienced Rolling Meadows criminal defense lawyer, contact our office today.

Source:

http://www.galesburg.com/news/20171211/burlington-man-receives-maximum-in-home-invasion-beating