Illinois Ranks Number Two for Holiday Break-Ins

 Posted on December 20, 2022 in Criminal Defense

Perhaps it is the stash under the Christmas tree this holiday season that has burglars prowling around the neighborhoods, or maybe they are keeping an eye on who is headed out on vacation. Whatever the case, roughly one million burglaries take place in the United States every year, and about 83,000 occur in the month of December alone. In Illinois, the number of burglaries this month is 40 percent higher than any other month of the year, a spike which places it in a tie with Pennsylvania for number two among all states. Only New Jersey sees a greater increase in burglaries in an average December.

Facing criminal charges of any kind can be distressing, especially during the holidays. However, whether you broke the law or have been wrongfully charged, you should contact a skilled defense attorney.

Understanding a Burglary

A burglary takes place when a person gains unauthorized access to a home, building, car, trailer, boat, or aircraft, and their intention is to commit theft or a felony. During the holidays the items that are most often taken include the following: 

• Jewelry 
• Computers
• Clothes 
• Money
• Power tools

Now, here is where things get interesting. If you are breaking and entering and you intend to steal things, but you end up having a change of heart, you would still face burglary charges. Under Illinois law, it does not matter if you do not take anything. You simply need to enter an area where you are not authorized to be. If a house is unlocked and you go inside, you could be charged with burglary for walking into an unlocked house with the intent to steal something. 

Proving Intent

The prosecution would have the burden of proving that you intended to commit a felony or steal something. If for example, someone gained access to a house and started loading items into a sack, the intent to commit theft is pretty straightforward. This would probably result in both burglary and theft charges.

On the other hand, if it cannot be proven that the person intended to commit another crime on the property or inside the residence, this crime is called trespassing. Keep in mind, however, that prosecutors can use circumstantial evidence, such as the time of day, the method of your entry, and other factors, to demonstrate intent to commit theft or another crime.

Contact a Kane County Burglary Defense Lawyer

Burglary charges can result in extremely harsh penalties and a permanent criminal record. You need a skilled Elgin, IL criminal defense attorney to protect your interests. At The Law Office of Brian J. Mirandola we will make every effort to beat the charges against you. Call 847-488-0889 for a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+19&ActID=1876&ChapterID=0&SeqStart=63000000&SeqEnd=63800000

https://porch.com/advice/burglary-hotspots-study-2022