Understanding Home Invasion in Illinois

Home invasion is one of the most serious and violent crimes in Illinois, involving unlawfully entering someone’s residence while armed or with the intent to cause harm. This crime is treated with the utmost severity by the legal system, and a conviction can result in extremely harsh penalties, including lengthy prison sentences, substantial fines, and a permanent criminal record. Understanding the legal implications of home invasion is crucial if you are facing these charges.

What Constitutes Home Invasion in Illinois?

Under Illinois law, home invasion is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/19-6. The offense occurs when an individual knowingly:

• Enters a Dwelling Without Permission: Enters the dwelling place of another without permission, knowing that one or more persons are present inside.
• Is Armed with a Dangerous Weapon: The individual is armed with a firearm or other dangerous weapon during the entry or while inside the residence.
• Causes or Threatens Harm: The individual threatens to cause or does cause injury to someone inside the dwelling, further escalating the severity of the crime.

Examples of Home Invasion Under 720 ILCS 5/19-6

Here are specific examples of home invasion as defined under Illinois law:

Home Invasion with a Firearm

• Statute: 720 ILCS 5/19-6(a)(1)
• Description: An individual forcibly enters a home with a firearm, knowing that the occupants are inside, and threatens them with the weapon.

Home Invasion Resulting in Injury

• Statute: 720 ILCS 5/19-6(a)(2)
• Description: A person unlawfully enters a residence and physically assaults one of the occupants, causing injury during the commission of the invasion.

Home Invasion with Intent to Commit Another Felony

• Statute: 720 ILCS 5/19-6(a)(3)
• Description: An individual breaks into a home with the intent to commit another felony, such as robbery or sexual assault, while armed.

Penalties for Home Invasion in Illinois

Home invasion is classified as a Class X felony in Illinois, carrying some of the most severe penalties under state law. The penalties can include:

Class X Felony:

• 6 to 30 years in prison (without the possibility of probation)
• Fines of up to $25,000
• Additional 15 to 25 years or natural life in prison if a firearm is discharged during the invasion, or if the discharge causes great bodily harm or death

In addition to these severe legal penalties, a conviction for home invasion can result in a permanent criminal record, which can have long-lasting effects on employment opportunities, housing, and personal relationships.

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of home invasion can be overwhelming, especially given the severe nature of the crime and the potential consequences of a conviction. Here’s why Andrew M. Weisberg is the defense attorney you need:

• Expertise in Violent Crime Defense: Andrew M. Weisberg has extensive experience defending clients against violent crime charges, including home invasion. 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 home invasion 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 home invasion case and learn how he can help protect your rights and fight for the best possible outcome.