Home Invasion

Home invasion is one of the most serious offenses a person can be charged with in the state of Illinois.  Belleville attorney Lyndon P. Evanko has experience handling all types of criminal cases involving home invasion, encompassing violent crimes and various crimes against the person, including murder and homicide. 

Home invasion is defined as entering the dwelling place of another knowing that one or more persons are present or entering the dwelling and waiting until people are present and using force or threatening force while armed with a dangerous weapon or causing injury to any person there, including sexual assault. 

Felonies are categorized from Class 4 to Class 1, with Class 1 being the most serious and carrying the most severe penalties.  Home invasion is classified as a Class X felony, which is more serious even than Class 1 felonies.  Class X felony convictions carry penalties up to $25,000 in fines and/or 6 to 30 years in the penitentiary.  Besides the significant prison time which may be imposed for a Class X felony, depending upon the circumstances of the home invasion, the sentence may be automatically enhanced by 15, 20, or even 25 years.  A mandatory life sentence may even be imposed for a home invasion involving the discharge of a firearm that caused great bodily harm, permanent disfigurement, or death to another within the dwelling.

While a home invasion must take place in the dwelling of another, it could actually include the person's own home or other dwelling that the person has a property interest in, if he or she has been barred from the property by a divorce decree, protective order, or other court order.

Despite the severity of these crimes, defenses are available to a charge of home invasion.  If the person immediately leaves the premises when another person arrives or surrenders to the homeowner without attempting to cause or causing serious bodily injury, then he or she is not guilty of home invasion.

Home invasion is one of the most serious offenses in the criminal code, and carries the potential for significant penalties if convicted.  If you have been charged with home invasion, you need an experienced criminal defense attorney.  Contact Lyndon P. Evanko, P.C. today or call us at (618) 397-1997 to speak directly with a qualified lawyer with 15 years experience representing defendants in criminal law cases.