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IL defense lawyerLaws are put in place throughout the United States to protect the safety and well-being of its citizens. Here in Illinois, property crimes are taken seriously, and they can result in significant punishments depending on the circumstances surrounding the incident. There are many different types of criminal offenses that are categorized as property crimes, such as vandalism, trespassing, burglary, robbery, and home invasion. Although it may seem like home invasion would just be entering a person’s home unannounced, it actually involved more than that and can result in serious consequences. That is why it is essential that anyone accused of this crime consults an experienced criminal defense attorney who can help defend against such charges.

Not All Illinois Property Crimes Are Alike

Like many other states, Illinois law separates the offense of home invasion from that of residential burglary. Burglary of a residence refers to the unlawful entry or remaining in the home of another person with intent to commit a theft or another felony crime. Although home invasion is a similar act, it involves a person entering a home that he or she knows or believes is currently occupied. For a home invasion to be charged, any of the following actions would apply:

  • Threatens or inflicts harm while in possession of a firearm or other weapon
  • Deliberately causes physical injury to an individual in the home
  • Fires a weapon that causes harm or death to a person in the residence
  • Commits rape, criminal sexual assault, or other sex crimes in the home

Under Illinois law, home invasion is charged as a Class X felony since it is considered a violent crime. If a person is convicted of this crime, he or she could face a mandatory minimum sentence of six to 30 years in prison and fines up to $25,000. It is important to note that a defendant is not eligible for probation after being convicted of a home invasion.

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