Burglary/Residential Burglary

Burglary and residential burglary are among the most serious property crimes under Illinois law. While both involve entering a building, vehicle, or dwelling with intent to commit a crime, the charges carry different penalties—and both require the prosecution to prove intent, which can make them challenging to prosecute.

At Harter & Schottland, we have extensive experience defending clients charged with burglary-related offenses. We understand the stakes, and we know how to build strong defenses to protect your rights and your future.

What Is Burglary?

Burglary occurs when a person enters or remains within a building, watercraft, aircraft, car, or railcar with the intent to commit a felony or theft inside.

It’s important to distinguish burglary from trespassing:

• Trespassing is unauthorized entry.
• Burglary requires proof that you entered with criminal intent.

Because intent is a required element, burglary charges can be more difficult for prosecutors to prove.

Penalties for burglary:

• Class 3 felony: up to 5 years in prison and fines up to $25,000
• Class 2 felony (if damage is caused): up to 7 years in prison
• Class 1 felony (if committed in a school, daycare, or place of worship): up to 15 years in prison

What Is Residential Burglary?

Residential burglary occurs when a person knowingly enters or remains in someone else’s home without authority and with intent to commit a felony or theft.

Because the law affords special protection to dwellings, residential burglary is treated far more harshly than other forms of burglary.

Penalties for residential burglary:

• Class 1 felony
• Mandatory 4 to 15 years in prison
• Not eligible for probation

Unlawful Possession of Burglary Tools

Illinois also criminalizes possession of burglary tools, such as keys, crowbars, or devices suitable for breaking into property. However, mere possession is not a crime—prosecutors must prove the tools were held with intent to commit a burglary.

This requirement makes intent a critical factor in building a defense.

Penalty:

• Class 4 felony, punishable by prison time and fines

Defending Against Burglary Charges

At Harter & Schottland, our attorneys take an aggressive approach to burglary defense. We may:

• Challenge whether the prosecution can prove intent
• Contest the nature of alleged evidence, including tools or witness statements
• File motions to suppress unlawfully obtained evidence
• Cross-examine witnesses to expose weaknesses in the state’s case

Our attorneys have a strong record of trial success, and we fight not just for reduced sentences but to win your case outright whenever possible.

Free Case Evaluation

Burglary and residential burglary charges carry penalties that can alter your life permanently. Don’t face them alone. Contact Harter & Schottland today for a free consultation and aggressive representation.

With offices in Round Lake Beach, Waukegan, and Woodstock, we represent clients throughout Northern Illinois.

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