Burglary & Residential Burglary Attorney Lake County, Illinois
BURGLARY and RESIDENTIAL BURGLARY are both serious felony charges in Lake County, Illinois criminal court. The HoffmanLaw Office has more than eighteen years of experience with Lake County burglary and residential burglary cases. We have a strong record of success in Lake County criminal court. We understand the sometimes complicated issues that arise in burglary and residential burglary cases, including issues that must be proven at trial regarding your mental state at the time of the alleged offense. We will take a close look at the evidence the prosecution will try to use against you and develop powerful and effective strategies in your defense.
The HoffmanLaw Office is led by a former Lake County, Illinois felony court prosecutor with many years of experience handling serious felony cases. Whether you are charged with entering a building, a vehicle, or someone’s home, we have the experience and dedication necessary to pursue the best possible outcome of your burglary or residential burglary case.
HoffmanLaw
HoffmanLaw(847) 587-5000
HoffmanLawRaising Strong Defenses in Your Lake County Illinois Burglary Case
Raising Strong Defenses in Your Lake County Illinois Burglary Case
Lake County Illinois Burglary Defense Lawyer
Lake County Illinois Burglary Defense Lawyer
You can be charged with the felony offense of BURGLARY if it is alleged that, without authority, you knowingly entered or without authority remained within a building or vehicle of another person with the intent to commit a felony or theft inside. As a class 2 felony, with a possible sentence of between 3 and 7 years in prison, burglary is a serious offense.
Often at issue in your burglary case is whether the prosecution can actually prove that when you entered, say, someone else’s building, you actually had the intent to commit a theft or felony. If you entered a place with authority but did not form the intent to commit a theft or felony until after your entry, then the prosecution should not be able to prove your case and you should be acquitted of the charge.
Indeed, if, in your defense, evidence can be brought out to show that you entered the place in question lawfully, but only after your entry you formulated an intent to commit a felony or theft, then you should be found not-guilty. See, People vs. Valero, 61 Ill.App.3d 413, 378 N.E.2d 549 (3rd Dist., 1978). Your mental state upon entry, particularly the presence or absence of specific intent, is a critical element of this charge. In acting in your defense, the HoffmanLaw Office will very closely analyze whether this necessary evidence even exists. Additionally, even in challenging the existence of one element of the offense of burglary, the HoffmanLaw Office can challenge the existence of all other elements necessary to prove the offense. In this way, we can wage a global attack on the prosecution's claims in an overall defense of your case.
Your Strongest Defense is the Presumption of Innocence
Your Strongest Defense is the Presumption of Innocence
The HoffmanLaw Office has many years’ experience with Lake County felony burglary charges. We understand the issues involved in this type of case and are prepared to strongly challenge the prosecution’s version of the facts. The principles that you are presumed innocent, and that you are not-guilty unless proven guilty beyond a reasonable doubt, must be applied, every step of the way, to your defense in a burglary case.
. . . in challenging the existence of one element of the offense of burglary, the HoffmanLaw Office can challenge the existence of all other elements necessary to prove the offense. In this way, we can wage a global attack on the prosecution's claims in an overall defense of your case.
~Attorney Matt Hoffman, the HoffmanLaw Office
HoffmanLaw(847) 587-5000
What is Burglary?
What is Burglary?
Without Authority Knowingly Entering or without Authority Remaining within
A Building, Housetrailer, Watercraft, Aircraft, Motor Vehicle, or Railroad Car
With the Intent to Commit a Felony or Theft Inside
Why Choose HoffmanLaw to Defend Your Lake County Illinois Criminal Burglary Case?
Why Choose HoffmanLaw to Defend Your Lake County Illinois Criminal Burglary Case?
Analysis.
The HoffmanLaw Office always is focused on the presumption of innocence. Building on this presumption, the HoffmanLaw Office performs a systematic and searching ANALYSIS of the facts alleged in your case. This intensive analysis exposes weakness in the prosecution's evidence and develops powerful defense arguments and strategies.
Preparation.
The HoffmanLaw Office strives to know completely the facts and law of your case. In criminal court, good results do not often emerge by chance. They come through intense PREPARATION that lays the groundwork for success. When you select the HoffmanLaw Office as your legal advocate, you team yourself with a philosophy of extreme preparation.
Results.
The HoffmanLaw Office views every time it appears in court with you as an opportunity to achieve RESULTS. Whether it is negotiating during a pretrial conference, cross-examining a witness, or delivering a closing argument at trial, the HoffmanLaw Office strives to be your best advocate at all times.
Facing Lake County Illinois Criminal Burglary Charges?
HoffmanLaw offers almost two decades of Lake County Illinois criminal trial experience.HoffmanLawFelony Residential Burglary Lawyer Lake County Illinois
Felony Residential Burglary Lawyer Lake County Illinois
If you are charged with RESIDENTIAL BURGLARY, you are charged with an offense that is more serious than burglary. Regular burglary is a class 2 felony where usually a sentence of probation is a possible outcome on that charge. Residential burglary, however, is a class 1 felony, with a possible prison sentence of between 4 and 15 years and where a sentence to prison is mandatory. See, 730 ILCS 5/5-5-3(c)(2)(G). (In a special case, where the court finds the defendant suffers from alcoholism or from some other drug addiction, and an array of other statutory factors are met, a person may receive “TASC” probation. See, 730 ILCS 5/5-5-3(c)(2)(G), 20 ILCS 301/40-10).
If you are charged with a Lake County residential burglary, your case demands the attention of a skilled and experienced attorney. This is because there is a high probability that if you are found guilty of this offense the prosecution will attempt to send you to prison.
Your residential burglary charge alleges that you knowingly and without authority entered, or knowingly and without authority remained within the dwelling place of another with the intent to commit a felony or theft inside. See, 720 ILCS 5/19-3.
A simple burglary case can allege that you entered the building of another. This type of building can be a garage, a warehouse, a business, or some other structure. A residential burglary charge will allege that you went into someone’s dwelling place, someone’s home. Residential burglary is punished more severely than simple burglary because the Illinois legislature determined that dwelling places should receive greater protections than other buildings, as dwelling places are where people actually reside. The legislature also determined that people have a greater expectation of safety, protection and privacy in their homes.
For purposes of the residential burglary statute, "dwelling" means a house, apartment, mobile home, trailer, or other living quarters, in which, at the time of the alleged offense, the owners or occupants actually reside or in their absence intend within a reasonable period of time to reside. See, 720 ILCS 5/2-6(b).
Seeking Effective Negotiations or Fighting Your Case Through Trial
Seeking Effective Negotiations or Fighting Your Case Through Trial
The HoffmanLaw Office will take its defense of your Lake County residential burglary charge seriously. We are led by a former felony court Lake County criminal prosecutor with years of experience with Lake County residential burglary charges. In defending you against a mandatory prison sentence, we will explore creative solutions to your case. The solutions can include negotiating and plea bargaining for lesser charges and also can include fighting your case all the way through trial. We have the proven experience necessary to very effectively defend your residential burglary case.
If we attempt to negotiate, we will work hard to show to the prosecution that there are weaknesses in its case. We will advocate and highlight your merits, responsibilities, and contributions to society overall. In the event the prosecution declines to make an offer that would palatably resolve your case, then we will be more than ready to rigorously defend your case at trial. With almost two decades of Lake County criminal court experience, the HoffmanLaw Office has the proven experience necessary to very effectively defend your residential burglary case.
Quick Facts
Non-probationable class 1 felony, unless TASC probation is given. Minimum mandatory 4 to 15 year prison sentence. Alleges unlawful entry into someone's home. Intent to commit felony or theft applies if you entered the dwelling with that intent, or if you remained in the dwelling with that intent. The charge of burglary is a lesser included offense. See, 720 ILCS 5/19-3. Recommended that defense attorney has experience with non-probationable felony cases.
HoffmanLawDefending Serious Residential Burglary Charges in Lake County Illinois Criminal Court
We are Here to Help
(847) 587-5000
Defending Juveniles Against Burglary Charges at Juvenile Court in Vernon Hills
Defending Juveniles Against Burglary Charges at Court in Vernon Hills
The HoffmanLaw Office also defends burglary and residential burglary charges at the Lake County, Illinois juvenile courthouse in Vernon Hills. 
Juvenile court prosecutions are governed by penalties, rules and procedures that often differ greatly from those that apply in adult court, including those discussed on this page.
Attorney Matt Hoffman of the HoffmanLaw Office has many years' experience with Lake County juvenile delinquency proceedings and "Petitions for Adjudication of Wardship." He is a former Lake County Assistant State's Attorney who used to prosecute juvenile cases in Lake County juvenile court. If your child is charged with burglary, residential burglary or other offenses in Lake County juvenile court, the HoffmanLaw Office has the specific experience necessary to work toward an intelligent and effective resolution of the case.
Matt Hoffman is a former recipient of the Lake County, Illinois Juvenile Justice Award.
HoffmanLawLegal Issues Blog
Residential Burglary Allows for Different Styles of Intent
Residential burglary charges are serious. This is because the criminal acts they allege involve the unauthorized entry of, or unauthorized remaining within, another person's home. For centuries in American jurisprudence, a person's home has been viewed as a protected sanctuary that should be free from unlawful and unwanted intrusion.
- READ MORE
Under Illinois law, the charge of residential burglary is immediately serious due to a combination of two basic factors: (1) it is a class 1 felony, carrying a prison sentence of no less than 4 and up to 15 years, and (2) upon conviction, in most cases, a community-based sentence like probation is not an option and a prison sentence is the end result.
The “intent” that can serve the basis of a residential burglary charge may be shown by the prosecution in two different ways. First, someone can be charged with residential burglary where it is alleged that the person entered the dwelling place of another with the intent to commit a theft or felony inside. In this type of residential burglary case, it is alleged that the accused already had the the intent to commit a crime inside the home at the time of entry.
A second way residential burglary can be charged does not allege the pre-existence of this specific intent upon entry, but instead alleges that, after the accused was inside the home, the accused then remained within the home with the intent to commit a felony or theft inside. In this second type of residential burglary case, the prosecution may lack evidence that the defendant entered the dwelling place with the specific intent to commit a crime, but claims instead to have evidence that the defendant formed such intent after entering.
As it may be surmised, the former type of residential burglary case, where it is specifically alleged that the accused entered the residence with the intent to commit a felony or theft inside, is by far the type most commonly charged. Additionally, the crime the prosecution most frequently alleges the defendant intended to commit inside the dwelling is the crime of theft, as opposed to some other type of offense classified as a felony.
Contrary to some common assertions, there is no requirement that the prosecution shows that the alleged criminal activity occurred at night, or that the residence was forcibly entered, in order for the prosecution to prove a residential burglary charge. Nor is there any legal requirement that it be shown that the accused actually stole property. For instance, someone who entered another's home during the daytime through an unlocked patio door and who was subsequently apprehended inside the home before having taken possession of any object may be tried on a residential burglary charge-- as long as the prosecution has evidence that shows the person intended to commit a felony or theft inside the home.
Cases where the prosecution lacks evidence that that accused intended to commit a felony or theft inside the home may alternatively be charged as “criminal trespass to residence,” a far less serious crime.
Anyone charged with residential burglary is presumed innocent of the charge and has the right to a trial. In a trial, the accused exercises his or her right to force the prosecution to prove the charge beyond a reasonable doubt.
HoffmanLawHere to Defend You Every Step of the Way
Bond Court
In Lake County misdemeanor and felony cases, if you are arrested you might be brought before a judge for a bond hearing. At your bond hearing, the judge will consider the charges, the alleged facts, your criminal history, and other factors. Then the judge will set the conditions of your bond. You might be released on your signature or have to post money before you get out of jail. Your bond hearing can be the first time you appear in front of a judge in your case. The HoffmanLaw Office has nearly two decades of Lake County bond court experience in misdemeanor and felony cases. If you have been or are going to be arrested, the HoffmanLaw Office is ready to get to work quickly as your advocate at this early and important step in your case.
Preliminary Hearing
In a Lake County felony case, you have the right to a preliminary hearing or indictment. At your preliminary hearing, the prosecution will call witnesses to try to prove to a judge that there is probable cause that you committed a felony offense. If the judge finds probable cause, your case will be scheduled for arraignment. If the judge finds no probable cause, your charges will be dismissed. If no preliminary hearing is held, your case can be presented to the Grand Jury for indictment. The HoffmanLaw Office has almost two decades of experience with preliminary hearing and Grand Jury issues in Lake County felony cases. The HoffmanLaw Office knows how to assert your rights during this often technical part of your case.
Arraignment
In Lake County misdemeanor and felony cases, at your arraignment the judge formally will advise you of the charges you are facing and tell you their maximum possible penalties. The judge will order the prosecution and defense to comply with discovery rules. These rules will require the prosecution to turn over copies of police reports and other written evidence. At your arraignment, you will be asked to enter a plea. Almost all arraignments include a plea of “not-guilty.” The HoffmanLaw Office has represented clients in many hundreds of Lake County arraignments. This Office knows how to defend and assert your Constitutional rights at this significant step in the court proceedings.
Pretrial Conference
A pretrial conference is a court appearance after arraignment in a Lake County misdemeanor or felony case. At a pretrial conference, the prosecution and defense can work toward reaching an agreed resolution of your criminal charges. The HoffmanLaw Office views pretrial conferences, and every other court appearance in your case, as opportunities to advocate on your behalf. There can be multiple pretrial conferences as your case moves forward. During any pretrial conference, the HoffmanLaw Office is focused on the fact that you are presumed innocent. With this presumption always in mind, this Office has many years of experience in negotiating for positive outcomes in Lake County criminal court.
Motion Practice
The HoffmanLaw Office uses pretrial motions to try to favorably alter the outcome of your criminal case. A carefully written and successfully argued pretrial motion can have a profoundly positive effect on the outcome of your case. This is especially so when, for example, the court rules your confession was involuntary, or rules you were the victim of an unlawful search and seizure, or rules you were inappropriately identified in a police lineup, or even rules your charges are so problematic they must be dismissed. The HoffmanLaw Office works hard to analyze the facts and law of your case in exploring the use of effective pretrial motions.
Trial
At its core, the HoffmanLaw Office is a trial law firm. It is built on almost two decades of Lake County criminal court trial experience. If your charges do not resolve during the pretrial process, your case will go to trial. As your advocate, the HoffmanLaw Office will bring many years of Lake County criminal court trial experience to your defense. Attacking the prosecution's evidence, questioning the opinions of prosecution experts and police, and aggressively cross-examining prosecution witnesses are proven ways of raising reasonable doubt in the rigorous pursuit of a not-guilty verdict. The HoffmanLaw Office never waivers from its pursuit of your success.
HoffmanLaw(847) 587-5000
HoffmanLaw
