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 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.