Burglary

Lyndon P. Evanko, P.C. represents individuals charged with burglary and related crimes in St. Clair, Madison, and Monroe counties of southwestern Illinois.  In order to obtain a conviction, the state must prove every element of the crime beyond a reasonable doubt.  The elements of burglary are:

• A person
• Without authority
• Knowingly enters
• Or remains
• In a building, housetrailer, watercraft, aircraft, motor vehicle, or railroad car
• With the intent to commit a theft or felony therein.

Burglary is a Class 2 felony, and sentences can range from three to seven years in the state penitentiary, and/or a fine up to $25,000.  A burglary committed in a school, child care center, or similar facility is a Class 1 felony, with incarceration penalties ranging from 4 to 15 years.  Note that a felony or theft does not have to be actually carried out in order to be convicted of burglary.

Residential Burglary Distinguished

The crime of Residential Burglary is committed when:

• A person
• Without authority
• Knowingly enters
• Or remains
• Within the dwelling place of another
• With the intent to commit a theft or felony therein.

Note that the only distinction between burglary and residential burglary is that residential burglary takes place in a dwelling.  Residential burglary is a Class 1 felony, involving penalties up to twice as severe as a Class 2 burglary discussed above. 

A related offense is Criminal Trespass to a Residence, which occurs when a person knowingly enters or remains within any residence without authority.  The difference between criminal trespass and burglary is that the intent to commit a theft or felony does not need to be proven in a trespass offense.  Criminal trespass to a residence is a Class A misdemeanor, with possible jail time up to one year for a conviction, as well as fines up to $2,500.  If the person knew or had reason to know that one or more persons were present at the time, then the offense may be charged as a Class 4 felony, with potential imprisonment from one to three years.

When crimes have several elements in common, a person charged with a serious crime when the state does not have enough evidence to convict may nevertheless be convicted of a lesser included offense.  For instance, a person charged with burglary could plead to or be convicted of criminal trespass.  The possibility of being convicted on a lesser included offense, or the advantage of pleading to a lesser charge, are issues best discussed with an attorney.  While the proper defense strategy is usually decided by the lawyer, the client-defendant has input into ultimate decisions, such as whether to enter plea negotiations or go to trial.  If you have been charged with burglary or residential burglary, contact Lyndon P. Evanko, P.C. today or call us at (618) 391-1997 for a free consultation regarding your options.