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720 ILCS 5/19-4

Criminal Trespass to Residence

 

  • Up to a Class 4 Felony
  • 1-3 years in prison
  • Fine up to $25,000
  • Call for more details

 

Understanding Criminal Trespass to Residence in Illinois

Criminal trespass to residence is a serious offense in Illinois that involves unlawfully entering or remaining in someone else’s home without permission. This crime can lead to significant legal consequences, especially when the residence is occupied at the time of the trespass. A conviction for criminal trespass to residence can result in imprisonment, fines, and a permanent criminal record.

 

What Constitutes Criminal Trespass to Residence in Illinois?

Under Illinois law, criminal trespass to residence is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/19-4. The offense occurs when an individual knowingly:

  • Enters a Residence Without Permission: Enters or remains in a residence without the authority or permission of the owner or occupant.
  • Presence of Occupants: The crime is particularly serious when the residence is occupied at the time of the trespass, increasing the potential for harm or confrontation.

Examples of Criminal Trespass to Residence Under 720 ILCS 5/19-4

Here are specific examples of criminal trespass to residence as defined under Illinois law:

 

Entering a Home Without Permission While Occupied

  • Statute: 720 ILCS 5/19-4(a)
  • Description: An individual enters a home through an unlocked door while the occupants are inside, without their knowledge or consent.

Refusing to Leave a Residence When Asked

  • Statute: 720 ILCS 5/19-4(a)
  • Description: A person refuses to leave a residence after being asked by the homeowner, even though they have no legal right to remain on the property.

Breaking Into an Empty Home

  • Statute: 720 ILCS 5/19-4(a)
  • Description: A person breaks into a vacant home with the intent to stay there without the owner’s permission, even if the home is unoccupied at the time.

Penalties for Criminal Trespass to Residence in Illinois

Criminal trespass to residence is classified as a Class 4 felony in Illinois, and the penalties can include:

 

Class 4 Felony:

  • 1 to 3 years in prison
  • Fines of up to $25,000
  • Possible probation or conditional discharge

In cases where the residence was occupied at the time of the trespass, the penalties can be more severe, reflecting the heightened risk to the occupants.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of criminal trespass to residence can be daunting, especially given the potential consequences of a conviction. Here’s why Andrew M. Weisberg is the defense attorney you need:

 

  • Expertise in Property and Residence-Related Crimes: Andrew M. Weisberg has extensive experience defending clients against property-related charges, including criminal trespass to residence. His background as a former Cook County prosecutor gives him a deep understanding of how these cases are built and prosecuted, allowing him to craft effective defense strategies that challenge the prosecution’s evidence.
  • Strategic and Personalized Defense: Each criminal trespass to residence case is unique, with its own set of circumstances and challenges. Mr. Weisberg meticulously examines the details of your case, identifying any weaknesses in the prosecution’s evidence and developing a defense strategy tailored to your specific situation.
  • Aggressive Courtroom Advocacy: Known for his aggressive courtroom advocacy, Mr. Weisberg is a strong defender of his clients’ rights. He challenges the prosecution’s evidence, cross-examines witnesses, and works tirelessly to secure a favorable outcome, whether through negotiation, reduction of charges, or acquittal.
  • Compassionate and Confidential Client Support: Facing criminal charges can be stressful, but Mr. Weisberg provides not only expert legal representation but also compassionate and confidential support throughout the legal process. He ensures that your case is handled with discretion and that you are fully informed and supported every step of the way.

Contact Andrew M. Weisberg today for a free consultation to discuss your criminal trespass to residence case and learn how he can help protect your rights and fight for the best possible outcome.