What Is the Difference Between Burglary and Home Invasion?

 Posted on December 20, 2025 in Theft

You hear these terms on the news all the time: burglary, home invasion, robbery, theft. They all sound serious, but what do they actually mean? If you are facing charges for any of these crimes, understanding the difference between them matters because the penalties are wildly different. You may be facing charges of several of them at once.

Our Chicago criminal defense attorneys can help you build the strongest possible defense to 2026 criminal charges. In a time when even the Department of Justice is drawing attention to Chicago’s rising property and violent crime rates, prosecutors are trying to make a point and put people in jail. You need a good attorney on your side. Call Luisi Legal Group at 773-276-5541 for a free consultation.

What Is Burglary?

Burglary happens when someone enters a building, house, car, boat, or other property without permission and with the intent to commit a crime inside. Under 720 ILCS 5/19-1, the key thing here is intent. You do not actually have to steal anything or hurt anyone. If you break into a building planning to commit theft or any felony, that is burglary.

You can walk through an unlocked door, not break anything, not take anything, and still face burglary charges if prosecutors can prove you went in there planning to commit a crime.

What Is Home Invasion?

Home invasion is way more serious than burglary. It happens when someone unlawfully enters a home knowing or having reason to know that people are inside; then uses force, threatens force while armed, causes injury, or discharges a firearm.

The critical differences from burglary are: 

• Someone must be home or you must reasonably believe someone is home.

• You must use violence, threaten violence with a weapon, hurt someone, or fire a gun.

Home invasion can be a Class X felony under 720 ILCS 5/19-6, which means six to 30 years in prison and fines up to $100,000. If it happens in a school or place of worship, or if you cause great bodily harm, you could face life in prison.

What Is Robbery?

Robbery is different from burglary and home invasion. Robbery is taking property directly from another person using force or threats. The key is face-to-face confrontation.

Think of it this way: If you break into an empty house and steal a TV, that is burglary. If you walk up to someone on the street, threaten them, and take their wallet, that is robbery. If you break into someone's house while they are home and threaten them with a weapon, that could be both home invasion and robbery.

Robbery is typically a Class 2 felony punishable by three to seven years in prison and fines up to $25,000. If the victim is over 60 or disabled, it becomes a Class 1 felony with four to 15 years in prison.

What Is Theft?

Theft under 720 ILCS 5/16-1 means you took control of someone else's stuff without permission. It can also be getting property through deception or threats or knowingly possessing stolen property.

The punishment depends on what the property is worth. The smallest charge for property under $500 is a Class A misdemeanor with up to one year in jail and $2,500 in fines. In contrast, theft of property over $100,000 is a Class 1 felony with four to 15 years in prison.

If you stole directly from another person, even low-value theft becomes a felony because of the personal confrontation involved.

So What Are the Real Differences Between Home Invasion, Robbery, Burglary, and Theft?

Burglary

Burglary requires unlawful entry with intent to commit a crime. Nobody has to be home and no violence is required. Just entry plus intent.

Home Invasion

Home invasion requires unlawful entry into an "occupied dwelling" plus violence or threat of violence. Someone must be home or you must believe someone is home. You must use force, threaten force with a weapon, injure someone, or fire a gun.

Robbery

Robbery requires taking property directly from a person using force or threats. It is about face-to-face confrontation and taking property from someone's immediate possession.

Theft

Theft is simply taking property without permission. No breaking and entering is required. Just unauthorized control of someone else's property.

Can You Be Charged with Multiple Crimes if You Break Into Someone’s Home?

If you break into an occupied house, threaten the homeowner with a weapon, and take their property, prosecutors could charge you with home invasion, robbery, and theft all at once.

However, judges usually sentence you for the most serious charge when the crimes arise from the same incident. This makes plea deals seem like an attractive option, but talk to a lawyer before you agree to anything.

What Are Possible Defenses to Burglary or Home Invasion?

Common defenses include:

• Arguing you had permission to be on the property

• Showing you had no intent to commit a crime

• Arguing mistaken identity through an alibi

• Arguing coercion if someone forced you to participate

• Challenging whether prosecutors can actually prove every element of the crime

For burglary charges, if your attorney can show you did not intend to commit a crime once inside, charges might get reduced to criminal trespass. For home invasion charges, if you left immediately upon realizing people were home, charges might get reduced to burglary.

In some cases, the best defense is challenging the evidence itself. Did police conduct an illegal search? Are witnesses credible? Can prosecutors actually prove what they claim? Your attorney will explore all these options.

Contact a Chicago, IL Criminal Defense Attorney Today for Burglary, Theft, and Home Invasion

Our Cook County criminal defense lawyers at Luisi Legal Group have defended clients for over 25 years and know how to build strong defenses against very serious charges. Call Luisi Legal Group at 773-276-5541 now to schedule a free consultation with a Chicago, IL burglary defense attorney.