Can I Go To Jail if I Attempted Burglary and Did Not Succeed in Illinois?

 Posted on July 06, 2025 in Criminal Defense

You can be charged with and potentially go to jail for attempting burglary in Illinois, even if you did not succeed in completing the offense. The potential penalties for a burglary charge are harsh. If you are facing criminal charges and have questions about your case, an Aurora, IL burglary defense attorney can help. Consider how Illinois law governs these cases. Then, we can discuss potential defense strategies for challenging the charge.

What Is the Difference Between Burglary and Attempted Burglary in Illinois?

In Illinois, there is no real distinction between burglary and attempted burglary. Under Article 19 of the Illinois Criminal Code 720 ILCS 5/, burglary occurs when someone knowingly enters or remains within a structure or vehicle with the intent to commit a felony or theft. Breaking into a home to steal someone's belongings is burglary. Entering a business after hours to damage the property is also burglary. You can also be charged with burglary for attempting to do those things. The defining element of burglary is the intent to commit a crime, not the actual commission of that crime.

How Is Intent Established for Burglary in Illinois?

In Illinois, the prosecution must prove that you knowingly entered a building or vehicle without authority and with the intent to commit a felony or theft inside. The intent must exist at the time of entry. They do not need to prove that you actually committed theft or a felony.

Often, there is no direct proof of intent. Prosecutors rely on circumstantial evidence. They will evaluate your actions before, during, and after the entry, as well as the nature of the location you entered. For example, if someone breaks a window and enters a home, the act of breaking the window can suggest intent to commit a crime. Sometimes, there is direct evidence, such as statements you made about your intent.

How Can You Challenge a Burglary Charge in Illinois?

You will work together with your attorney to build a defense that best suits your case. However, common strategies in Illinois include:

• Challenging intent: Weakening the prosecution’s evidence of intent could lead to reduced or dismissed charges.

• Highlighting procedural flaws: Attorneys can scrutinize how evidence was obtained, looking for violations of your constitutional rights. For example, an unlawful search and seizure would violate Fourth Amendment protections.

• Providing an alibi: If you were elsewhere at the time of the alleged burglary, an alibi can be a powerful defense.

• Questioning eyewitness testimony: Your attorney may challenge the reliability of witness accounts or surveillance footage used as evidence.

• Claiming lack of criminal intent: If you entered the property by mistake or without the intent to commit a crime, your attorney may be able to get the charge reduced to trespassing.

This is not a comprehensive list. A strong defense may involve multiple strategies. It all depends on the specific details of your case.

Contact an Elgin, IL Burglary Defense Attorney Today

If you are facing burglary charges in Illinois, you need aggressive legal representation. Burglary is a felony, which means penalties can be steep. Depending on the circumstances of your case, you may face several years in prison if convicted. The Kane County, IL burglary defense lawyer at The Law Office of Brian J. Mirandola will fight to protect your rights and keep you out of jail. Call us at 847-488-0889 today to schedule your free consultation.