Residential Burglary 720 ILCS 5/19-3 is a very serious criminal charge in Illinois. There are several things about the Illinois criminal charge of Residential Burglary that makes it different than a regular Burglary charge in Illinois. The first factor is that the structure, or building, that was entered into must be considered a residence, or capable of being considered a residence. The second element of a Residential Burglary is that the residence must have been entered into illegally with the intent to steal something. That second element is not always easy for the state to prove. The final factor that makes Residential Burglary different from a regular Burglary in Illinois is that the penalty for a conviction of Residential Burglary in Illinois is much more serious than a regular Burglary.
Residential Burglary attorney, James G. Dimeas, has spent over-29 years handling Residential Burglary cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County. Residential Burglary lawyer, James Dimeas, has used his 29 years of experience handling Residential Burglary cases in Illinois to develop effective strategies for providing the proper legal representation for those accused of Residential Burglary in Illinois. James G. Dimeas is a Residential Burglary attorney that understands how the police and prosecutors build their Residential Burglary cases in Chicago, Cook County, DuPage County and Kane County, and Lake County, and he has the knowledge and experience to challenge Residential Burglary criminal charges in Illinois. Residential Burglary lawyer, James G. Dimeas, also understands how to get the prosecutor to reduce felony Residential Burglary charges in Illinois down to regular Burglary charges and possible misdemeanor charges to avoid the mandatory prison sentence required for a Residential Burglary in Illinois.What Does the State Need to Prove for a Residential Burglary in Illinois?
There are three (3) basic elements which the State has to prove in order for you to be guilty of a Residential Burglary in Illinois:
First the state must prove that you knowingly entered the residence of another without legal authority, meaning permission, or that you remained on the property without permission.
Second, that you entered or remained on the property with the specific intent to commit a Theft.
Third, that you gained entry to a residence by misrepresenting who you were. An example would be if you held yourself out to be a representative of the gas company or the phone company so that you could gain entry into a residence. This will frequently involve elderly people. The state will still have to prove your intent to commit a Theft when you entered the residence.
The State does not have to prove that something was actually taken, or stolen, after entry to the residence. The state only needs to prove that there was an intent to steal. Many times, the state is able to prove the intent to steal when the state is claiming that they found burglary tools which proved that you were intending to steal something.
Possession of Burglary Tools alone 720 ILCS 5/19-2 is a crime in Illinois. Possession of Burglary Tools is a Class 4 felony in Illinois which carries a possible prison sentence of between 1 to 3 years. In many Residential Burglary cases, you will also be charged with Possession of Burglary Tools. The Possession of Burglary Tools charges create a whole new set of legal issues that need to be explored. For instance, possessing a screwdriver, in and of itself, is not a crime. However,possessing a screwdriver can be considered a Burglary Tool depending on the additional facts present in the case. Possession of Burglary Tools lawyer, James G Dimeas, has the experience to defeat charges of Possession of Burglary Tools because he can prove that the tools that were found by the police were not actually Burglary tools. A screwdriver found in a car cannot automatically be considered a burglary tool. An experienced Possession of Burglary Tools attorney, like James G. Dimeas, knows how to challenge Possession of Burglary Tools cases and use the defeat of a Possession of Burglary Tools charge to help defeat the specific intent element of Theft required to prove a Residential Burglary charge.
Perhaps the most critical element in any prosecution for a Residential Burglary in Illinois is that the dwelling, or building, has to be considered a residence under the Illinois Residential Burglary Statute 720 ILCS 5/19-3. Under the Illinois Residential Burglary statute, a family dwelling such as a house, apartment, or duplex is considered a residence. A mobile home or a trailer, and a boat with living quarters and a recreational vehicle are considered a residence. A condemned or abandoned building will not be considered a residence under the Illinois Residential Burglary statute.What is the Penalty for a Residential Burglary in Illinois?
A regular Burglary in Illinois is considered a Class 2 felony which carries a possible prison sentence of between 3 to 7 years. However, probation is possible for a regular Burglary charge in Illinois. What makes Residential Burglary much more serious in Illinois is that Residential Burglary is considered a Class 1 felony in Illinois. A Class 1 Residential Burglary carries a prison sentence of between 4 to 15 years. Probation is not available for a Residential Burglary in Illinois.James G. Dimeas Provides Experienced and Effective Representation for Residential Burglary Charges
Residential Burglary lawyer, James G. Dimeas, has spent the past 29 years representing people charged with Residential Burglary in Chicago, Cook County, DuPage County, Kane County and Lake County. James Dimeas understands how serious a charge of Residential Burglary is and how complicated such a criminal charge can be. James Dimeas is a Residential Burglary attorney that has the experience and the knowledge to understand what the state needs to do to prove their case and he knows what he needs to do to weaken the state's case and to make it difficult for the prosecutor to prove every element of a Residential Burglary charge. When the state realizes that they are dealing with an experienced Residential Burglary lawyer who knows what they are doing, the state will usually reduce the charges to avoid a chance of losing a Residential Burglary case. Since Residential Burglary in Illinois carries a mandatory minimum prison sentence of 4 years, it is critical that you hire a Residential Burglary attorney that has the experience and the knowledge to handle a Residential Burglary case in an effective and aggressive manner so as to avoid any possibility of going to prison.
Award-Winning Residential Burglary Lawyer for Your Residential Burglary Case
James Dimeas is a nationally-recognized, award-winning, Residential Burglary attorney. Attorney and Practice Magazine gave James Dimeas the "Top 10 Criminal Defense Attorney Award for Illinois," and the "Top 10 DUI Defense Attorney" award. The National Academy of Criminal Defense Attorneys gave James Dimeas the "Top 10 Attorney Award for the State of Illinois." The National Trial Lawyers named James Dimeas a "Top 100 Criminal Defense Trial Lawyer." Expertise named James Dimeas a "Best Criminal Defense Lawyer in Chicago." James Dimeas was named a "Best DUI Attorney." The American Institute of Criminal Law Attorneys named James Dimeas a "10 Best Attorney for Client Satisfaction." Recently, the American Society of Legal Advocates named James Dimeas a "2018 Top 100 Lawyer." AVVO rates James Dimeas as "Superb," 10 out of 10, the highest rating possible for any Residential Burglary lawyer in the United States. Residential Burglary attorney, James Dimeas, is widely considered to be one of the best criminal defense lawyers and Residential Burglary attorney in the United States.
If you, or a loved one, have a Residential Burglary case in Chicago, Cook County, DuPage County, Kane County or Lake County, you can contact James G. Dimeas for a free and confidential consultation about your case. To discuss the specific facts of your case. James Dimeas is available 24 hours a day to talk to you about your case. You can always talk to James Dimeas, personally by calling 847-807-7405.