The Law Office of Brian J. Mirandola


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Is Burglary a Felony in Illinois?

 Posted on April 11, 2024 in Felonies

Kane County burglary defense lawyer

Burglary is a serious crime, and Illinois penalizes it harshly. This criminal act is typically classified as a felony in the state, though different felony levels depend on the type of burglary and other associated factors. If you have been charged with burglary, it is important to reach out to an experienced Illinois burglary defense attorney as soon as possible to understand your rights and legal options.

Understanding Illinois Burglary Penalties

The Illinois criminal code outlines burglary and penalties associated with acts of burglary or owning burglary tools. In general, burglary is entering a building, vehicle, trailer, train car, or watercraft intending to steal. Burglary is usually considered a Class 2 felony in the state, which means that a person charged with burglary could face up to seven years in prison and up to $25,000 in fines.

Other burglary-related charges that may be applicable in Illinois include the following:

  • If a burglary occurs in a childcare facility such as a daycare, at a school, or in a church, the charge becomes a Class 1 felony, which carries fines of up to $25,000 and between four and 15 years in prison.
  • Burglary that occurs where someone lives is considered a residential burglary and is charged more seriously than other kinds of burglary. This charge is a Class 1 felony with fines of up to $25,000 and a prison time of up to 15 years.
  • Possession of burglary tools, such as lock picks, explosives, or other devices and tools that can be used for breaking and entering, in addition to an intent to use the tools to commit burglary, is classified as a Class 4 felony, which carries charges of one to three years in prison and fines up to $25,000.

Whether or not a property was damaged during an attempted burglary can also change the charges. Breaking into a property with intent to commit burglary is generally a Class 3 felony, carrying a sentence of up to three years in jail while damaging the property during a break-in increases the charge to a Class 2 felony.

What Do I Do If I Am Charged With Burglary?

If you are facing a burglary charge, it is important that you contact a skilled burglary defense lawyer right away. Criminal charges for burglary are typically felonies, and these charges may be ineligible for expungement in the future. They can also impact your ability to secure a job, education, and financing. An experienced lawyer can review your case and advocate for the most positive outcome possible.

Contact a Kane County, IL Burglary Defense Lawyer

Burglary charges are serious, and you will likely need the help of a skilled Elgin, IL burglary defense attorney to understand your options and advocate for your legal rights. As a former Assistant State's Attorney, attorney Brian J. Mirandola is uniquely qualified to handle your criminal defense case and work towards a beneficial outcome. Call The Law Office of Brian J. Mirandola at 847-488-0889 for a free consultation.

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