Homes and Cars Are Not the Only Places That Can be Burglarized

 Posted on January 02, 2017 in burglary

The word burglary often brings to mind amasked person stealing money from a bank, breaking into a car, or stealing money, jewelry, or other property from a home. However, under Illinois law,burglary can occur in many other places. To limit your understanding of the crime of burglary to only homes and cars would be overly narrow and inaccurate.

Elements of the Crime of Burglary

It is considered burglary to break into and enter a place without permission, such as trailers, buildings, and motor vehicles. But burglary also includes other transportation vehicles, such as watercraft and aircraft, with the intent to commit theft of any other felony offense. When the location that is broken into is a home or other dwelling, i.e., a place where someone sleeps, it is considered residential burglary.

Burglary is not limited tophysical breaking into a new building or vehicle. You do not have to force open a lock or break a window to gain access to abuilding or vehicle in order to constitute an entering for the purposes of burglary. Other ways of gaining entry into a building or vehicle mayinclude:

• Sneaking into the vehicle or building;
• Further opening a cracked door or window so that you can get inside;
• Lying or using trickery to gain access to the building or vehicle; or
• Remaining inside a building or vehicle after you have been asked to leave, i.e., after a store has closed or after you were told to leave.

Burglary Charges Can be Upgraded

Burglary is a felony offense. As if a burglary charge is not bad enough, there are several circumstances where the charges can be upgraded to a more serious felony. For instance:

• If the burglary is committed in a day care or child care facility, an elder care center, a school, or a place of worship, the burglary charge becomes a Class 1 felony;
• If the burglary is committed on a residential dwelling while someone is home;
• If you used a weapon during the commission of the burglary; and
• If you cause injury to someone during the commission of the burglary.

Burglary charges are serious criminal offenses, and any personwho is suspected of committing a burglary in Illinois needs to get in touch with an experienced criminal defense attorney as soon as possible. Intent to commit a felony or theft is a required element of burglary in order to be convicted. An experienced criminal defense lawyer will know how best to fight your charges, whether it isthrough a defense that you had permission to enter the building, vehicle or dwelling, or that you lacked the requisite intent to commit a crime or theft.

Let Us Help You Today

Since burglary is a felony criminal offense there are serious consequences for a conviction, which include—at the minimum—years of prison time, massive fines, and acriminal record.

When you are faced with burglary or residential burglary charges, please do not hesitate to contact a passionate Rolling Meadows criminal defense attorney at our office for help.

Sources:

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

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-3