Bloomington Home Invasion Attorney
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.
In Illinois, lawmakers have developed and enacted laws that criminalize burglary and home invasion. This is defined as entering any building with the intent to commit some kind of crime, or to enter an inhabited dwelling and causing harm or using threats while armed. These crimes can carry harsh penalties, which is why it is important to get advice from a Bloomington home invasion attorney if you have been charged with one of these related offenses.
Burglary
Burglary was once referred to as entering a home at night with the intention of committing a felony act. Today, most states do not require these details in order for a person to be accused of burglary. Rather, it refers to any act involving the entering of a building without permission and the intent to commit a crime. In general, burglary is a felony and is punishable by a prison sentence. If the burglary involved a school, day care, or place of worship, the penalties may be increased. A burglary and home invasion lawyer in Bloomington, IL should be sought after being charged with one of these offenses.
Residential Burglary In Illinois
It is illegal to enter a home, or dwelling, without permission, and when there is an intent to commit a crime. If for example, you enter a home with the intent to steal a phone, you can be charged with residential burglary. As a Bloommington home invasion lawyer might explain to you, the term “dwelling” could be described as:
- A house
- An apartment
- A condo
- A trailer
- A mobile home
A place where a person lives or intends to live
It should be noted buildings deemed a being vacant or uninhabitable are usually not considered a dwelling. Once a residential burglary involves an act of violence, it may be considered a home invasion.
Home Invasion in Illinois
Home invasion is considered to be a serious offense. In general, this will need to involve the following:
The defendant enters a home that is occupied,
The defendant did not have permission to enter and knew the person was at home, and the defendant:
- Is armed with a weapon
- Causes harm to the occupant
- Uses some kind of threat or force
- Fires a gun, or
- Commits a sexual assault
Defenses To Home Invasion
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.
Don’t Underestimate the Importance of Having a Bloomington Home Invasion Lawyer On Your Side
Home invasion is usually considered to be a Class X Felony. It can be punishable by 6 – 30 years in prison. In some cases, an additional 15 – 25 years to life may be added. This does not include a permanent criminal record, fines, court fees, restitution, mandatory programs or classes, and the life consequences outside of the legal penalties. For obvious reasons, it is highly recommended that you have a Bloomington home invasion lawyer on your side.
Home Invasion Legal Assistance
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 & Nichols, 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.
Home Invasion FAQs
A home invasion is a frightening and overwhelming experience, but an experienced Bloomington home invasion attorney from our office can help you find your way through the legal aftermath. Read on to get answers to some frequently-asked questions, and get in touch with our office today to get started on your case.
What Legally Constitutes A Home Invasion?
Home invasion is typically defined as an illegal and usually forceful entry into an occupied, private dwelling with the intent to commit a violent crime against the occupants. It differs from burglary in its violent nature and the fact that the residence is occupied at the time of the crime. An experienced home invasion attorney from our office can provide more specific guidance based on Illinois laws.
What Should I Do Immediately After A Home Invasion?
Your first step should always be to ensure your safety and the safety of others in the residence. Call 911 as soon as it’s safe to do so. After addressing any immediate safety concerns, document everything you can about the incident and the intruder, if possible. This information can be crucial in a legal case.
How Are Home Invasion Charges Prosecuted?
Home invasion charges are usually prosecuted as felonies, given the serious nature of the crime. The exact charges and potential penalties can vary depending on factors like the use of a weapon, the intent of the intruder, and whether anyone was harmed. A Bloomington home invasion attorney from our office can help victims understand the legal process and what to expect.
How Can I Defend Myself During A Home Invasion?
Most jurisdictions allow for reasonable self-defense when you’re in your home and facing an imminent threat. However, what is considered “reasonable” can vary and is often subject to legal interpretation. If you’ve been involved in a self-defense situation during a home invasion, it’s critical to seek legal advice to understand your rights and obligations under the law. Fortunately, attorneys from our office are standing by and ready to defend you for defending yourself.
What Are The Potential Consequences For Someone Convicted Of Home Invasion?
The consequences of a home invasion conviction are severe and can include lengthy prison sentences, fines, and a permanent criminal record. Sentencing can be influenced by various factors, including the presence of aggravating factors such as the use of a weapon, the extent of any injuries caused, and the criminal history of the accused.
Get In Touch With Our Office Today
If you or someone you know has been affected by a home invasion in Bloomington, it’s important to seek legal representation as soon as possible. While a home invasion can be overwhelming, frightening, and traumatizing, you should take steps to exercise your rights and seek justice with the help of an experienced legal team.
The team at Pioletti Pioletti & Nichols is here to help you navigate the complexities of your case with compassion and expertise. Contact us to discuss your situation, and see how a Bloomington home invasion attorney from our office can help you get the closure and compensation you deserve.
