What Is Home Invasion and How Is it Punished in Illinois?

 Posted on August 21, 2020 in Criminal Defense

There are certain crimes that are often misunderstood. For example, theft, burglary, and robbery are similar, but they all involve slightly different actions and can carry separate punishments. Home invasion is a related offense, and many people might think it is not that significant. However, it is actually the most serious burglary charge since it typically involves an act of violence. According to Illinois law, home invasion is committed when a person knowingly enters the dwelling place of another when he or she knows that the owner is present. With crimes of this nature, it can be difficult to prove intent in court, but regardless, it is essential that you understand your legal options when facing such charges by consulting a knowledgeable criminal defense attorney.  

Actions that Constitute Home Invasion

The crime of home invasion is not just breaking into someone’s home without his or her permission. It also means the offender entered without permission, knowing that the owner was home, and includes any of the following:

• Was armed with a firearm or another weapon while threatening or using force

• Injured someone in the act

• Used or threatened to use force and fires a gun

• Committed sexual abuse or sexual assault

Penalties for Home Invasion

A residential burglary can be punished as a Class 2 felony, which can carry a prison term of three to seven years if convicted. However, burglary of a residence, daycare, school, or church is more serious, charged a Class 1 felony and punishable by four to 15 years in jail. Trespassing is another similar offense. It is defined as physically being on another person’s property without permission, and is generally charged as a misdemeanor in Illinois. However, trespassing an occupied residence can be considered a Class 4 felony, punishable by one to three years in prison.

On the other hand, home invasion is a Class X felony, normally punishable by six to 30 years in prison. In some cases, an additional sentence of 15-25 years to life may be added depending on the circumstances. 

Contact a Joliet Criminal Defense Attorney

Mistakes happen, and in some cases, you may have committed a crime unintentionally. Burglary is taken seriously in the state of Illinois, resulting in serious penalties if convicted. That is why you need experienced legal counsel by your side if you are facing such charges. The distinguished legal team of McNamara Phelan McSteen, LLC is skilled in negotiation skills, which can be critical in any criminal defense case. Our seasoned Will County burglary defense lawyers will utilize their vast experience and legal knowledge to prove your innocence. To learn more and start building your defense strategy, call our office today at 815-727-0100 to schedule your free consultation.

Sources: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-6

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+19&ActID=1876&ChapterID=0&SeqStart=63000000&SeqEnd=63800000%20%20%20#:~:text=Burglary.,therein%20a%20felony%20or%20theft.