Home Invasion: Everything You Need to Know if You’re Charged in Illinois

Home invasion is a criminal offense – and it’s one that could put you behind bars. Unlike many other states, Illinois considers unlawfully entering someone’s property different crime than burglary or residential burglary. Here’s what you need to know.

Home Invasion: Everything You Need to Know if You’re Charged in Illinois

Home invasion, under Illinois law, is the act of knowingly going into someone else’s home when one or more people who live there are present, or when you go into someone’s home and wait there until someone who lives there is present, or when you falsely represent yourself so you can get in the home and:

• You’re armed with a dangerous weapon (not a firearm) and you use force, or threaten to use force (even if nobody gets hurt)
• You intentionally cause injury to people in the home
• You’re armed with a firearm and you use force or the threat of force (even if you don’t injure anyone)
• You use force or threaten to use force and discharge a firearm
• You personally discharge a firearm that causes another person great bodily harm, permanent disability or disfigurement, or death
• You commit sexual assault or sexual abuse

Related: The differences between home invasion and burglary in Illinois 

What’s the Punishment for Home Invasion in Illinois?

Home invasion is a Class X felony in Illinois, which means if the court convicts you, you could go to prison for between 6 and 30 years. If you have a firearm at the time of the offense, the court may add to your sentence (you could even be imprisoned for life). 

How Can a Lawyer Defend You Against Home Invasion Charges?

Your attorney may be able to use a number of defenses – but remember, the prosecutor has to prove beyond a reasonable doubt that you are, in fact, guilty. Your lawyer may be able to show that the prosecutor doesn’t have enough evidence or couldn’t prove your intent, or that evidence was illegally obtained in your case. 

Do You Need to Talk to an Attorney?

If you’ve been accused of a crime, we may be able to help you – and don’t worry: It’s completely confidential. Call us at 847-920-4540 or fill out the form below to schedule your free, private consultation with an experienced and skilled Chicago criminal defense attorney now.