DuPage County Home Invasion Attorney
In Illinois, home invasion is a distinct criminal offense separate from and treated more severely than other residential burglary.
Home invasion is considered a Class X felony, and conviction could mean 6 to 30 years in state prison, a fine of $25,000, and additional terms of 15 to 25 years to life may be added. Probation is not an option, and conviction could also bring three years of supervised parole after prison. In addition, a felony conviction can bring a criminal record and have a devastating effect on your reputation, livelihood, relationships, family life, and overall well-being, forever.
If you are charged with home invasion, you need the best defense available as prosecutors will be fighting to impose the steepest of punishments. The seasoned Illinois criminal defense attorneys at Wolfe & Stec, Ltd. have extensive experience and success handling felonies like home invasion. We know the courts, the judges, and the defenses that can help you avoid a conviction. We offer a free initial consultation, so contact us online or call 630-305-0222 so we can show you how we can help.
What Is the Crime of Home Invasion in Illinois?
Under Illinois law, a home invasion (720 ILCS 5/19-6) involves:
- entering an inhabited dwelling when individuals are physically present or waiting there until the people arrive, and
- being armed with a firearm or other weapon, and
- injuring someone, and
- using or threatening to use force and firing a gun, or
- committing sexual assault or sexual abuse.
Not every burglary attempt, break-in or forced entry into a dwelling is a home invasion. Also, the dwelling may in some circumstances even be your own home — if there is an order of protection against you or the home was awarded to your spouse in a divorce, you may still be charged with home invasion.
What Are Defenses for Home Invasion Charges?
If you have been arrested and charged with home invasion, the situation is serious, but a skilled and experienced criminal attorney can help you with the proper defense. There are several approaches our attorneys can use:
- Intent — Home invasion is a specific intent crime. This means that in order to obtain a conviction, the prosecutor must establish that you had specific knowledge and intent. So, if it can be shown that you did not know that people were in the home, you may not have had the specific intent to have committed a home invasion. If you did not hurt anyone and left the dwelling or surrendered when you realized that another person was there, you may be able to defeat a charge of home invasion or have it lowered to a lesser offense.
- Lack of Evidence — If the prosecutor does not have the evidence to prove every element of the offense, or the evidence was acquired illegally, or improper police tactics were used that violated your due process rights, you may have a defense against the home invasion charge. Evidence can be excluded if damaging statements were obtained through illegal coercive interrogation or in violation of your Miranda rights or the prosecutor fails to prove the chain of custody of a weapon.
- Surrender or Fleeing — Because the threat or use of force or attempt to cause or threaten bodily harm is a necessary element of the home invasion charge, if it can be established that you immediately surrendered to the person in the home or left the home without attempting, threatening or causing serious bodily injury, you cannot be convicted of home invasion.
- Discrediting Witnesses — Witnesses may be found to be unreliable, and their testimony may be inconsistent or contradictory or inaccurate based on scientific evidence. They may have ulterior motives, such as jealousy, financial advantage or being involved with you in a divorce or child custody case.
The home invasion defense attorneys at Wolfe & Stec, Ltd., will look at every aspect of your case to determine the best defense possible. We make every effort to obtain a dismissal, not-guilty verdict or reduction to an offense that permits the judge to order probation.
Contact Our Law Firm for a Free Initial Consultation
If you are charged with home invasion or any other serious crime, your life is on the line, and you need the best legal assistance available. Your case may seem impossible, but with skillful representation you have a chance. Remember, the law places a heavy burden on the government, and you have to be proven guilty beyond a reasonable doubt.
The Illinois criminal defense lawyers at Wolfe & Stec, Ltd. are skilled trial lawyers who believe each case is unique, with its own set of circumstances. Whether your criminal law case is seemingly straightforward or is highly complicated, we can help. We will aggressively and explore every avenue to come up with the most effective defense strategy possible to attack the credibility of the state’s case. We examine the facts, the individuals involved, and the evidence available, and work hand in hand with our clients throughout the criminal process. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties and rights.
Don’t delay — contact us for help today if you have been accused of home invasion or any other criminal charges at 630-305-0222 . Our Illinois criminal defense lawyers represent clients in DuPage County, Naperville, Aurora, Wheaton, Downers Grove and Bolingbrook, Illinois, and the greater Chicagoland area. Your initial consultation will be free.
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