Articles Tagged with Chicago burglary lawyer

The law is seldom funny, yet here we are. Two women are being charged with felony burglary and battery after breaking into a man’s apartment and glitter bombing him during a dispute. Police say they have the altercation on video and at one point, one of the women threw the glitter can at the victim. Police later traced the women’s vehicle to their home. Police found evidence of glitter within the vehicle. 

How Serious are These Charges?

The two women are facing life in prison in Florida, where the crime occurred. Why? Because they burglarized a home and committed battery at the same time. Burglary + Battery + Florida = Potential Life Sentence. Florida is not a great place to play around. The Florida police are not necessarily going to make a huge distinction between someone entering a home to rob it and someone entering a home to play a prank. No matter what happened here, whether it was a domestic argument turned upside down or just a drunk prank, the actual penalties they are facing are extremely severe.

Two men are facing charges for conspiring to burglarize Walgreens during the civil unrest that has been plaguing Chicago since the George Floyd murder. William Lorenz, 40, and Ivan Bermudez, 42, are each charged with one count of conspiracy to commit burglary of a controlled substance. The two men were arrested by federal agents, meaning that they will be facing federal charges.

Conspiracy Charges

As you may have noticed, the two men are not facing charges for committing burglary, they are facing charges of conspiring to commit burglary. However, the two men were arrested after illegally entering three Walgreens stores that were closed while looting and vandalism were occurring. The complaint accuses the men of entering the stores for the purpose of removing drugs from the shelves. 

Ronald E. Kelley Jr., originally from Carterville, IL, was convicted of burglary and attempted residential burglary on April 7 according to a news report.  On June 24, he was sentenced to fifteen years in prison for attempted residential burglary and eight years for burglary. He was also required to serve a three-year period of mandatory supervised release on each count.6283422937_acc69eafd1

Kelley was charged with burglarizing an automobile before trying to enter a home in Murphysboro, IL. A woman who lived at the home told dispatchers that she saw a man halfway through her bathroom window. He retreated from her window and fled when she confronted him. The woman later identified the man as Kelley.

According to the police, the woman and car burglary victim gave the same description at the time of the alleged incidents. Officers later found Kelley walking down a road near the homes and searched him. During the search, they found property on Kelley which they identified as having been stolen from a third victim.

Illinois Burglary Law

Under Illinois law, a person commits burglary if he or she enters or remains in a building, house trailer, watercraft, aircraft, motor vehicle, or railroad car without authority, and does so with the intent to commit a felony or theft inside. If convicted, burglary is considered a Class 2 felony in Illinois, which is punishable from three to seven years in prison.  Up to four years of probation may be available if there are no convictions of a class 2 felony or greater within the previous ten years. However, if the burglary involved someone’s home, it is considered residential burglary, which is much more serious and considered a class 1 felony. Residential burglary is punishable from four to fifteen years in prison and probation is unavailable.

Possible defenses to burglary may include negating the first element of the offense by proving that the individual had the consent of the owner or occupier of the property to enter.  In these cases, there would be no unauthorized entry.  Even if the defendant misunderstood the owner and erroneously believed he had permission, the belief in the consent, if reasonable, may be enough to defeat a charge of burglary.

Also, burglary requires that a person have the specific intent to commit theft or a felony once inside the property. If a person was intoxicated, it may be a valid defense to the degree that it kept the defendant from forming the specific intent.

The Reliability of Eyewitness Testimony

As in the case above, eyewitness testimony is often the lynchpin evidence used by prosecutors to achieve a burglary conviction.  However, according to the Innocence Project, eyewitness misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing.  Eyewitness testimony plays a role in more than 70% of convictions overturned through DNA testing nationwide. In eyewitness identifications, witness memory is often impacted by a variety of factors that occur from the time of the crime onwards, and human memory is vulnerable and easily contaminated. Therefore, eyewitness testimony is often not as accurate as juries often believe it to be, and police eyewitness identification procedures can have a major effect on the accuracy of identifications.

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A DuPage County couple was arrested and charged in early December with two counts each of burglary, and additional counts of retail theft, for allegedly stealing and selling more than $4,000 worth of merchandise from a string of DuPage County Walmart stores. The charges are Class 2 and Class 3 felonies, respectively. Police allege the couple stole and later sold the items to feed their drug addiction.


DuPage County Commercial Burglary Charge

In Illinois, burglary is committed when a person knowingly and without authority enters, or knowingly and without authority remains, within a building with the intent to commit theft or another felony within the building. Although most people consider burglary to be entering a residence with the intent to steal, a person can be charged with burglary if he enters a building with the intent to kill, rape, or commit any other felony.

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