Burglary – 720 ILCS 5/19-1
In Illinois, burglary is charged as someone entering into a building or vehicle with the intent to commit a theft or felony. It does not have to include the taking of property or the commission of another crime. This type of offense is focused on the alleged offender’s intent at the time of the entry. Burglary is either a Class 2 or a Class 3 felony depending on whether there is any damage to the property as a result of the crime. It becomes a Class 1 felony where it is perpetrated at a place of worship, a daycare center, or a school.
Residential Burglary – 720 ILCS 5/19-3
Residential Burglary is charged as a Class 1 felony as it involves entering into one’s home or dwelling. It is important to note that the residents of the home do not need to be present during the entry.
Home Invasion – 720 ILCS 5/19-6
Home Invasion involves a residential burglary wherein the occupants are present or are likely to be present and the offender either uses force or threatens to use force against them. As home invasion involves violence, it is the most serious burglary charge. It is classified as a Class X felony, which carries a sentence of between 6 and 30 years in the Illinois Department of Corrections.