Pioletti & Pioletti
Eureka, IL LOCATION
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In Illinois, home invasion is a distinct criminal offense separate from residential burglary. Home invasion is defined as entering the dwelling of another person when individuals are physically present or remaining in the home until others arrive and causing injury to another person or employing force while armed with a dangerous weapon. Home invasion is a Class X felony, which could lead to 6-30 years in prison and a fine of up to $25,000. Along with a fine and jail time, anyone convicted of home invasion is also subject to three years of supervised release.
Home invasion is a specific intent crime. What that means is that the prosecutor must establish that the defendant had specific knowledge and intent in order to obtain a conviction. If the prosecution is unable to prove every element of the crime beyond a reasonable doubt, there can be no conviction.
If a potential home invader immediately leaves the dwelling, or surrenders as soon as he realizes that another person is present, it can be used as an affirmative defense to a charge of home invasion. This affirmative defense allows the individual to be charged with a lesser offense, such as trespass, or for the case to be dismissed altogether.
If you have been charged with home invasion we can defend you. We can determine what defenses are available and ensure that your rights are protected. At Pioletti & Pioletti, we offer a free initial consultation in order to sift through the facts of the situation and hear the case from your point of view. Strong legal assistance can help ensure that you achieve the best possible result in a timely manner and will allow you to move forward with your life.