FAQ: What Is Felony Burglary?

Under Illinois law, burglary is defined as: knowingly entering or remaining within a building, trailer, watercraft, aircraft, or motor vehicle, without consent with the intent to commit a felony or a theft. In general, burglary is classified as a Class 2 Felony, carrying 3 to 7 years in prison upon conviction.

What is the difference between a theft and a burglary?

Theft or larceny involves taking property without the use of force and without breaking into a structure to do so. Robbery involves taking property from a person through force or the threat of force, while burglary involves breaking into a structure to commit a crime.

What is the minimum sentence for burglary?

The sentence guidelines state that if someone is sentenced for their third domestic burglary, they’re looking at a three-year jail sentence. Non-domestic burglary carries a sentence range between a fine and a five year sentence, some serious cases can even lead to a 10-year sentence.

What are the degrees of burglary?

There are four kinds of burglaries: first-, second-, third- and fourth-degree.

What is the punishment for burglary in Illinois?

Under Illinois law, it is illegal to burglarize a home and this offense is charged as a specific crime. This offense is charged as a Class 1 felony. A person who is convicted of this crime faces a punishment of between four and 15 years in prison.

Is robbing someone a felony?

Penalties for Robbery Because robbery involves force, it is often considered a more serious crime than theft. In most cases, robbery is a felony, and a conviction can result in significant prison time, especially if a weapon was involved.

Is burglary a violent crime?

Traditionally considered a non-violent property offense, burglary is nonetheless classified as a violent crime under the federal Armed Career Criminal Act (ACCA).

What is a Category 1 burglary?

❖ Category 1: Greater harm and higher culpability. ❖ Category 3: Lesser harm and lower culpability. Factors to consider. Factors indicating greater harm. ❖ Theft of/damage to property causing a significant degree of loss to the victim (whether economic, sentimental or personal value).

How long is a life sentence?

A life sentence is any type of imprisonment where a defendant is required to remain in prison for all of their natural life or until parole. So how long is a life sentence? In most of the United States, a life sentence means a person in prison for 15 years with the chance for parole.

Is burglary civil or criminal?

Civil law and criminal law are two broad and separate entities of law with separate sets of laws and punishments. Examples of criminal law include cases of burglary, assault, battery and cases of murder. Civil law applies to cases of negligence or malpractice, for example.

What is the difference between house breaking and burglary?

The ingredients for proving the offence of burglary are the same as ingredients required for proving house breaking. The differentiating factor is that while house breaking occurs in the daytime, burglary occurs during night time.

What is the most serious type of burglary?

First-degree burglary is the most serious of the four burglary charges and can carry a sentence of up to 20 years in prison. This type of burglary generally involves unlawfully entering or staying in a building with the intent to commit a crime against a person or property within.

What is a Class 2 felony in Illinois?

Class 2. A Class 2 felony is punishable by three to seven years in prison and fines up to $25,000. Class 2 felonies include arson, and some drug possession (2000 grams but not more than 5000 grams of marijuana), as well as theft of $2,000 to $10,000.

What is burglary in Illinois?

Burglary. (a) A person commits burglary when without authority he or she knowingly enters or without authority remains within a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof, with intent to commit therein a felony or theft.

What is a Class 3 felony in Illinois?

Class 3 felonies generally carry a potential prison sentence of between two and five years (or an extended term between five and ten years), plus one year of mandatory supervised release.