Though both charges are related, the actual proof required and potential penalties distinguish the two. 

Burglary occurs when a person enters or remains within a building or watercraft, aircraft, car, or railcar and has the intent to commit a felony or theft inside. It is important to distinguish burglary from trespassing. It is not just being in the building or vehicle that constitutes burglary- it is being inside with the specific intent to commit a felony or theft inside.

Most criminal offenses in Illinois do not require the prosecution to prove intent. For example, to prove a DUI a prosecutor must only prove that a person drove a vehicle while under the influence of alcohol. The prosecutor does not need to prove that the person intended it. Burglary, however, does requires such proof of intent. That sometimes makes burglary a difficult charge for a prosecutor to prove. 

Burglary is generally a class 3 felony punishable by up to 5 years in prison and a $25,000 fine. That may be increased to 7 years in prison as a class 2 felony if the accused causes damage. In some cases, burglary may even be a class 1 felony if the burglary is committed in a day care center, school or place of worship. A person in this situation may face up to 15 years in prison.

Residential burglary is similar to regular burglary except that it is occurs when a person knowingly and without authority enters or remains within the dwelling place of another with the intent to commit a felony or theft inside. The law affords heightened protections to a person’s home and the considers such intrusions more serious. Accordingly, residential burglary is a class 1 felony with a mandatory sentence of 4 to 15 years in prison. This charge is not eligible for a sentence of probation.