Home Invasion & Burglary Attorney in Springfield
Protect Yourself from the Severe Penalties of a Home Invasion Conviction
Home invasion is a very serious crime; it is a Class X felony and punishable by six to 30 years in prison, and probation is not an option. Home invasion is not the same as residential burglary.
Defending Against Home Invasion Charges
Home invasion requires specific intent. This means that to obtain a conviction against you, the prosecution must prove that you had specific knowledge and intent during the commissioning of the crime. Accordingly, if you did not know the home was occupied, specific intent to commit home invasion may be difficult to prove.
Possible defenses to home invasion charges include leaving the home immediately after discovering there were people inside or immediately surrendering to the occupant in the home and did not threaten, attempt to inflict harm, or cause bodily injury to that person. It is also a defense if you’re authorized to be in the home; however, any other criminal conduct would likely be charged.
Home Invasion vs. Residential Burglary
Home invasion is the unauthorized entry into an occupied residence, and then threatening or intentionally causing harm to a resident. Examples of harm include battery or a sex crime. Certain aggravating factors, such as possessing a weapon during the home invasion, can increase the sentencing rage beyond 30 years.
Residential burglary is illegally entering or remaining in another’s home with the intent to commit a theft or some other felony. Residential burglary is a Class 1 felony with a sentencing range of four to 15 years in prison.
Regular burglary happens when someone without authority knowingly enters or knowingly remains in a building, boat, aircraft or vehicle with intent to commit a felony or theft. Burglary may be a Class 1, 2 or 3 felony depending on the circumstances.