The Law Office of Brian J. Mirandola


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The Difference Between Burglary and Attempted Burglary in Illinois

 Posted on December 15, 2023 in Criminal Defense

Kane County, IL criminal defense lawyerIn Illinois, as long as there is intent to steal, burglary and attempted burglary are the same thing. So, even if an alleged burglar had no chance to steal anything, if they were in an unauthorized area with the intent to steal something, then they can face burglary charges. If you are facing charges of burglary, you must remember to contact a lawyer immediately. A criminal defense attorney will be able to defend your rights during interrogation and in a court of law.

How is Intent Proven?

As intent is the only thing required to prove burglary has taken place, it is often the biggest point of contention in court by the prosecutor. If nothing was stolen, and the defendant has admitted to nothing, then how can they prove intent?

Police will thoroughly investigate the crime scene in search of clues for any indication of intent to steal. They may also conduct interviews with many parties, which include:

  • The defendant

  • The owners who claim they were burglarized

  • The defendant’s friends, family, and associates

The interviews are meant to get a better understanding of why the defendant may have been on the burglarized property of the owners without being given permission. They will then use the evidence found at the crime scene as well as the testimonies provided in the interviews to pull together as much circumstantial evidence as is required for an arrest on a burglary charge.

Circumstantial Evidence

Evidence that requires an inference to conclude a fact is considered circumstantial. It can be used to support the truth of an assertion in burglary cases, namely that the defendant was on the property fully intent on stealing something that did not belong to them or committing a felony on the premises.

An example would be broken or pried open locks to chests of drawers found in a home or office. Or perhaps there were fingerprints left on those drawers where valuables may have been stored. This could be enough evidence that the defendant was illegally on the property with the intent to steal something from those drawers.

Circumstantial evidence is among the weakest forms of evidence a prosecution can use against a defendant. A defendant with a valid reason as to why the circumstantial evidence exists that removes the inference from being a possibility can potentially beat their charges.

Contact a Kane County, IL Criminal Defense Attorney

Accusations and charges of burglary should be taken just as seriously as any other felony crime. As such, strongly consider consulting an Elgin, IL burglary defense lawyer to ensure your rights are being upheld and to mount a solid defense for your trial. Use 847-488-0889 to contact the The Law Office of Brian J. Mirandola for a free consultation concerning your legal needs.

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