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Home Invasion

HOME INVASION

CHICAGO CRIMINAL DEFENSE LAWYER

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CHICAGO, IL HOME INVASION DEFENSE

The relevant law can be found at 720 ILCS 5/19-6 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-6


Definitions and Penalties:

 If you are not an officer of the law acting in the line of duty, home invasion is when without authority you intentionally go into someone else’s home when you should know someone is present or is about to be there or you misrepresent yourself as someone with legitimate business there (such as if you claim you are from the government or a phone or utility company). 


Even it is legally your own home you cannot enter it if some court order has barred you from being there.

This is so if one or more of the following factors apply:

  • If you have a dangerous weapon without that being a firearm and threaten or use force even if you do not hurt anyone. This is a Class X felony with six to thirty years of imprisonment, with a possible extended term of thirty to sixty years, with no probation available and a potential $25.000 fine.
  • If you do intentionally hurt someone a non-firearm weapon. This is a Class X felony with a minimum of six years and a maximum of thirty years imprisonment, with a possible extended term of between thirty and sixty years. No probation is possible for a Class X felony. There is also a possible $25,000 fine.
  • If you do have a firearm and threaten or use force against someone. This is a Class X felony with a minimum of six years and a maximum of thirty years imprisonment, with a possible extended term of between thirty and thirty years, and a possible fine of $25.000. No probation is possible for a Class X felony. In this case the court will add fifteen years to whatever term of imprisonment it imposes.
  • If you threaten or use force against someone even without injuring them and shoot off a firearm. This is a Class X felony with a penalty of six years to thirty years imprisonment, with a possible extended term of between thirty and sixty years. No probation is possible here, and there is a possible fine of $25,000. In this case the court will add twenty years to whatever term of imprisonment it imposes.
  • If you do shoot off a firearm and it causes great physical harm to someone there. This is a Class X felony with a penalty of six to thirty years imprisonment, with a possible extended term of between thirty to sixty years. No probation is possible here, and there is a possible fine of $25,000. In this case the court will add twenty-five years to whatever term of imprisonment it imposes.
  • If you commit any form of criminal sexual assault, predatory assault of a child, or criminal sexual abuse on someone there. This is a Class X felony with a penalty of six to sixty years of imprisonment upon conviction, with a possible extended term of between thirty and sixty years of imprisonment. No probation is possible here, and there is a possible fine of $25,000.

 

How we can defend you against the charge of home invasion

  • If you did enter the dwelling one affirmative defense specifically provided for by the law is that if once whoever lived there came home you either surrendered to them or left immediately, if you did not try to cause or caused serious physical harm to anyone.
  • We can argue that it was a case of mistaken identity if the charge involves possessing a firearm, such as showing that the weapon was not physically on you).
  • We can dispute the facts and testimony of witnesses or officers for this charge by filing “motions to suppress” unreliable, improperly obtained, or other questionable evidence or testimony (especially if you were improperly questioned or were not made aware of your rights). 
  • If the evidence or testimony is still admitted by the judge, we can argue at trial that the evidence or testimony is incorrect or fabricated against you and therefore should give the jurors a reasonable doubt.

 

This is where having an experienced attorney to represent you and negotiate and speak for you can save years of your life and tens of thousands of fines and/or foregone income. It is worth it, and you deserve a good defense.


Other lawyers so often talk of how they will “aggressively fight for you.” They are doing nothing more than basically quoting from the American Bar Association’s Rules of Professional Conduct about the principle of a “lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law.” When you hire Phillip Haddad as your criminal defense attorney in Chicago or elsewhere in its suburban area, he will not only do his professional duty to zealously represent you but will get you the justice you deserve. His extensive experience in criminal defense will help you avoid conviction or else minimize the penalties. Call criminal defense attorney Phillip Haddad at 708-833-3505 as soon as possible if you are in legal trouble.


Armed Violence

 

See the Weapons list for the entry on Armed Violence. 

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