Residential Burglary is a class 1 Felony.
It is punishable by 4-15 years in the Illinois Department of Corrections. It is non-probationable. I have included the statute below for your reference. Your best route to avoid certain incarceration is to hire counsel and attempt to have the charge reduced to a simple burglary which will allow of probation. This will depend on many factors including: defendant’s criminal history, facts and circumstances of the case and and mitigating circumstances that may be presented on his behalf.
(720 ILCS 5/19-3) (from Ch. 38, par. 19-3)
Sec. 19-3. Residential burglary.
(a) A person commits residential burglary when he or she knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another, or any part thereof, with the intent to commit therein a felony or theft. This offense includes the offense of burglary as defined in Section 19-1.
(a-5) A person commits residential burglary when he or she falsely represents himself or herself, including but not limited to falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another, with the intent to commit therein a felony or theft or to facilitate the commission therein of a felony or theft by another.
(b) Sentence. Residential burglary is a Class 1 felony.
If you or a loved one has been charged with residential burglary you will need to speak with an experienced criminal defense attorney. Contact The Law Office of Purav Bhatt at 773-791-9682 for a consultation.
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