Illinois Burglary by Breaking and Entering is a criminal offense that involves the unlawful entry into a building or premises with the intent to commit a felony or theft. This offense is taken very seriously by the state of Illinois and can result in severe consequences for those convicted. In Illinois, burglary by breaking and entering is defined under the Illinois Compiled Statutes, 720 ILLS 5/19-1. According to the statute, a person commits burglary by breaking and entering if they: 1. Knowingly and without authority enter a building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof; and 2. Do so with the intent to commit a felony or theft. The term "breaking and entering" does not necessarily require the use of force or destruction of property. It can also include entering through an unlocked door, window, or any other accessible entry point without permission. It is important to note that the intent to commit a felony or theft must be present at the time of entry. Even if no actual crime is committed during the entry, the intent alone is sufficient to constitute burglary by breaking and entering. In Illinois, there are different types of burglary offenses that fall under the category of Illinois Burglary by Breaking and Entering. Here are some notable examples: 1. Residential Burglary: This refers to burglary by breaking and entering a residential dwelling, such as a house or an apartment. Residential burglary is considered a more serious offense compared to other types of burglary due to the intrusion into personal living spaces. 2. Commercial Burglary: This involves burglary by breaking and entering a non-residential building or structure used for commercial purposes, such as offices, stores, or warehouses. The severity of the offense may vary depending on the value of the stolen property or the presence of aggravating factors. 3. Motor Vehicle Burglary: This type of burglary by breaking and entering specifically targets motor vehicles, including cars, trucks, or motorcycles. Individuals who unlawfully enter a motor vehicle with the intent to commit theft or other felonies can be charged with this offense. It is essential to understand that burglary by breaking and entering is a crime that infringes on the security and privacy of others. Those found guilty of this offense in Illinois may face severe penalties, including imprisonment, fines, probation, and a permanent criminal record. The severity of the punishment depends on factors such as the nature of the offense, the value of stolen property, prior criminal history, and the presence of aggravating circumstances. If you believe you have been wrongfully accused of burglary by breaking and entering in Illinois, it is crucial to seek legal advice from a qualified attorney who can help you understand the specific laws and defenses associated with this offense.
Illinois Burglary by Breaking and Entering
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FAQ
Burglary ? Penal Code 459 Although using force or fraud to gain entry into someone else's property with such intent is considered burglary, forced entry is not required in order to be charged with or convicted of burglary.
The following is a list of the minimum required crime elements for Burglary: ? Person knowingly enters or remains unlawfully (and) ? Building (and) ? Intent to commit crime therein. Is 'breaking and entering' into the building necessary? NO Opening an unlocked door or climbing through an open window is sufficient.
Intent ? The suspect entering the structure or building must have the intent to commit a theft or felony at the exact moment of entering. There does not have to be a completed theft or felony, only the intent to commit one.
As long as there is the intent to commit a crime, it can constitute burglary. There is no breaking and entering requirement. The offender may trespass through an open door. This is different from robbery, which involves the use of force or fear to obtain another person's property.
Penalties for Residential Burglary A general burglary charge is a Class 2 felony. However, when the burglary involves a personal residence, then it is charged as a more serious Class 1 felony. If convicted, the defendant could be sentenced to between four and 15 years in an Illinois prison.
Merely reaching an arm into an open window counts as entering because the building's outer boundary was breached. Also note that you can get convicted of burglary even if you do not break into the residence or structure. Simply walking in through an unlocked door or open window would qualify.
No. California burglary law does not require you to ?break and enter.? You can commit PC 459 burglary by entering a structure through an open or unlocked door or window.
