If you’re facing home invasion charges, you probably have one very important question on your mind: What’s the home invasion jail time in Illinois if you’re convicted?
Here’s what you need to know.
Home Invasion: Jail Time in Illinois
Home invasion in Illinois is usually a Class X felony. The minimum penalty is 6 years in prison, and the maximum is 30 years in prison. Some types of home invasion charges come with heftier minimums – you could be sentenced to a minimum of 15 years, 25 years or even natural life in prison.
Related: Home invasion charges in Chicago
Illinois law defines home invasion as knowingly entering “the dwelling place of another when he or she knows or has reason to know that one or more persons is present or he or she knowingly enters the dwelling place of another and remains in the dwelling place until he or she knows or has reason to know that one or more persons is present or who 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 when he or she knows or has reason to know that one or more persons are present” and:
- being armed with a dangerous weapon (other than a gun), uses force or threatens to use force (whether or not anyone is injured)
- intentionally causes any injury to anyone in the dwelling place
- being armed with a firearm, uses force or threatens the imminent use of force (whether or not anyone is injured)
- uses force or threatens the imminent use of force (whether or not anyone is injured) and discharges a firearm during the commission of the crime
- personally discharges a firearm, causing great bodily harm, permanent disability or disfigurement, or death to someone within the dwelling place
- violates other sections of the code
Related: What are the differences between home invasion and burglary?
Home Invasion Jail Time: When the Minimum Sentence is Longer Than 6 Years
The minimum sentence for home invasion is 6 years unless you use or threaten to use a firearm. Here’s the bottom line:
- If you are armed with a firearm and you use force (or even threaten to use force), even if nobody is injured, your minimum sentence is 15 years in prison.
- If you use force or threaten to use force upon anyone in the dwelling place, even if nobody is injured, and you personally discharge a firearm during the commission of the crime, your minimum sentence is 20 years in prison.
- If you personally discharge a firearm that causes great bodily harm, permanent disability, permanent disfigurement or death, your minimum sentence is 25 years, and you can be sentenced to a term of natural life in prison.
What is a Natural Life Sentence in Illinois?
If you’re sentenced to prison for the rest of your natural life, that means you’re never going to be eligible for parole. There’s no time off for good behavior.
Have You Been Accused of Home Invasion?
As you can see, the home invasion jail time you’ll get if you’re convicted of the crime is extremely serious. You may want to talk to a Chicago criminal defense lawyer if you’re facing these charges – so call us at 847-920-4540 right now for a free consultation. We’ll answer your questions and help you start moving forward in a positive direction.
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