Defending Against Burglary Charges in Illinois

 Posted on April 07, 2025 in Criminal Defense

Burglary is a felony in Illinois, carrying heavy penalties. It can be challenging to defend and requires extensive knowledge of the laws that govern these cases. If you are facing burglary charges, learn more about the basics of defending yourself and how a Naperville, IL burglary defense attorney can help you navigate the legal process.

What the Prosecution Must Prove in Burglary Cases

Actual theft is not a requirement for proving burglary in Illinois. To convict, the prosecution needs to prove that you entered a building, car, plane, or boat without authorization and at least attempted to steal something or commit another crime. For residential burglary, the prosecution must prove that you knowingly entered another person’s dwelling and intended to take something.

Intent is often the most difficult element to prove. It is hard for anyone to produce evidence of someone else’s state of mind under any circumstances. Should the prosecution fail to prove intent beyond a reasonable doubt, the charge will likely be dropped to criminal trespass, which is a lesser offense.

Common Defenses Used in Burglary Cases

Challenging the assertion of intent is a common defense in burglary cases. If successful, it may even result in a complete dismissal of charges. Other defenses for burglary include:

• Highlighting procedural flaws: If the prosecution presents evidence that was obtained unlawfully, your attorney can challenge the validity of that evidence.

• Providing an alibi: You may be able to prove that you were somewhere else when the crime occurred, allowing you to make a case for innocence.

• Lacking control: In some cases, you can argue that you did not have control over your actions because of mental illness or forced coercion.

• Acting with consent: Defendants can sometimes explain that the charges are unwarranted because they had the owner’s consent to enter the property.

Building a strong defense strategy requires a thorough understanding of the criminal laws that apply to these cases in conjunction with a detailed investigation into the unique circumstances of your case.

Penalties for Burglary in Illinois

Sentencing for burglary can vary significantly, depending on several factors. Under Illinois law, standard burglary is a Class 2 felony, carrying a potential sentence of up to seven years in prison. Residential burglary is a Class 1 felony that could result in up to 15 years in prison. Finally, aggravated burglary is the most severe, a Class X felony with a possible sentence of up to 30 years imprisonment.

When determining the appropriate sentence, the judge will consider criminal history, motive, and the circumstances surrounding the crime. A previous record may result in a harsher sentence, while acting out of financial hardship rather than malicious intent could soften the sentence.

Contact a Naperville, IL Criminal Defense Lawyer Today

Being informed is a key component of facing burglary charges. Even if the prosecution can prove intent, a well-strategized defense could potentially lessen your sentencing or help you reach a more favorable plea deal. The first step is to talk to an Illinois criminal defense attorney. At the Law Office of Philip R. Nathe, we are well-versed in the nuances of Illinois criminal law from both sides. Call 630-416-7600 today and schedule your free consultation to find out how we can help you.