Burglary Lawyer in Chicago

Facing a burglary charge in the Chicagoland area or surrounding suburbs is incredibly serious, and a conviction can affect every part of your life. Getting an experienced criminal defense lawyer involved as early as possible is one of the most important steps you can take to protect your future.

Kovacevic Law provides strategic, aggressive burglary defense representation backed by years of courtroom experience. We work quickly to uncover weaknesses in the state’s case and often secure charge reductions or case dismissals through early intervention.

Understanding Illinois Burglary Laws

Burglary Under 720 ILCS 5/19-1

In Illinois, under 720 ILCS 5/19-1 burglary occurs when someone enters or remains inside another person’s property without permission and intends to commit a felony or theft inside. This applies to structures and vehicles of many types, including:

• Buildings
• Trailers
• Watercraft
• Aircraft
• Motor vehicles

To convict you, prosecutors must prove every element of the crime beyond a reasonable doubt, including that:

• You entered property belonging to someone else
• You did not have consent to enter
• You had the specific intent to commit a felony or theft inside

Intent is often the most contested issue. The state may rely on surveillance footage, witness statements, the presence of burglary tools, or possession of stolen items to try to prove their theory.

Residential Burglary Under 720 ILCS 5/19-3

Residential burglary under 720 ILCS 5/19-3 involves unlawfully entering another person’s home with the intent to commit a felony or theft. Because a home is considered a protected space, these charges are treated more seriously than commercial burglary.

You can still be charged even if you gained entry through deception. For example, pretending to be a utility worker or government employee in order to be let inside still qualifies as entering without permission because the consent was obtained through fraud.

Intent to Commit a Felony or Theft

Burglary is not based on the act of breaking in, but on what prosecutors claim you intended to do once inside. Alleged intended crimes may include theft, aggravated assault, sexual assault, vandalism, or any felony offense.

Because intent is internal and cannot be directly observed, the state often builds its case using circumstantial evidence. A skilled defense attorney can challenge these assumptions and argue that the prosecution cannot meet its burden of proof.

Penalties for Burglary in Illinois

Burglary is always a felony in Illinois. The level of felony depends on the type of property involved and the circumstances of the incident.

Commercial Burglary
Entering a building, trailer, watercraft, aircraft, or motor vehicle is a Class 2 Felony.
Penalties include 3 to 7 years in prison and fines up to $25,000.

Residential Burglary
Entering an occupied dwelling is a Class 1 Felony.
Penalties include 4 to 15 years in prison and up to $25,000 in fines.

Aggravated Burglary
Targeting certain protected locations, such as schools, day care centers, group day care homes, or places of worship, is also a Class 1 Felony with penalties of 4 to 15 years.

In addition to prison time and substantial fines, you may also face:

• Restitution to victims
• Probation
• Mandatory counseling or programs
• A permanent felony record that affects future opportunities

Kovacevic Law works to limit these consequences and pursue every available strategy to protect your record and your freedom.