Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney
CRIMINAL DEFENSE LAWYER FOR PROPERTY CRIMES IN ROCKFORD
What To Do When You Have Been Charged With A Property Crime in Illinois
There are a number of different activities that could be classified as property crimes. They typically involve trespassing on or destroying a building or piece of land that does not belong to you. If you or a loved one has been charged with a property crime offense, it is imperative that you consult with an experienced Illinois criminal defense attorney near you. At the
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Types of Trespassing Charges
Whenever you walk onto land or enter a building with which you do not have permission to do so it is considered trespassing in the state of Illinois. There are three main types of trespassing that you could be charged with and they are:
Trespass to Real Property
Criminal trespass to real property is governed by 720 ILCS 5/21-3 and occurs when someone:
- knowingly entered a building or remains in a building without permission
- knowingly enters someone's property after receiving notice not to
- remains on someone else’s property after being told to leave
- uses false documents to gain permission to enter or remain on someone’s property
- enters farmland or an orchard in or on a motor vehicle and remains there after being notified that entry is forbidden.
Criminal trespass to real property is a Class B misdemeanor punishable by up to six months of jail, two years of probation, and up to $1,500 in fines. The offense however is a Class A misdemeanor if it occurred on farmland or an orchard. Class A misdemeanors are punishable by up to a year in jail, two years of probation, and up to $2,500 in fines.
Trespass to Residence
Trespass to residence is governed by 720 ILCS 5/19-4 and occurs when someone knowingly:
- Enters or remains in a residence where someone resides
- enters or remains in a residence of another and said person knows or has reason to know that people are present
Entering or remaining in a residence where someone resides is a Class A misdemeanor. Entering or remaining in a residence of another when you know or should know people are there is a Class 4 felony and carries a penalty of up to 30 months probation, or 1 to 3 years in prison.
Trespass to Vehicle
Trespass to vehicle is governed by 720 ILCS 5/21-2 and occurs when an accused knowingly enters or operates a vehicle, watercraft, or snowmobile without permission. This offense is a Class A misdemeanor.
Potential defenses to these allegations include lack of intent, that the accused had consent of the owner, and/or that the trespass was a necessity. Being that these are all probationable offenses your case may be eligible for a variety of different dispositions. You may be eligible to receive a term of second chance probation, TASC probation or you may be eligible for deferred prosecution. Some of these outcomes can keep a conviction off your record. An experienced criminal defense attorney can advise you of these options.
Other Types of Property Crimes Charges
Criminal Damage to Property
The offense of criminal damage to property in Illinois is governed by 720 ILCS 5/21-1. You may be charged with criminal damage to property if you knowingly damage someone else’s property. You may be charged with this if you knowingly or recklessly set a fire on someone’s else’s property, knowingly injure a domestic animal that is not your own without consent, place a stink bomb within someone else’s property, knowingly damage property in order to defraud an insurer, etc.
The law breaks down the possible penalties for this offense depending on the dollar value of the damaged property and where the property was located. Generally, if the value of the property does not exceed $500 the offense is a Class A misdemeanor punishable by up to a year in jail, two years of probation, and a $2,500 fine. If the value of the damaged property is between $500 and $10,000 the offense is a Class 4 felony, punishable by up to 30 months of probation or 1 to 3 years in prison, and $25,000 in fines. If the damaged property is $500 or less and the incident occurred on school, church or farm property you can be charged with a Class 4 felony. Depending on the facts of your case you could be charged with a lesser or higher class of offense, but these are the most common. In addition to these penalties, a court will impose community service ranging from 30 to 120 hours if the accused will not be serving jail time.
Potential defenses to these allegations include lack of intent, that the accused had consent of the owner, and/or that damaging the property was a necessity. Being that this is generally a probationable offense, your case may be eligible for a variety of different dispositions. You may be eligible to receive a term of second chance probation, TASC probation or you may be eligible for deferred prosecution. Some of these outcomes can keep a conviction off your record. An experienced criminal defense attorney near you can advise you of these options.
Arson Charges
The crime of arson is governed in Illinois by 720 ILCS 5/21-1. A person commits the act of arson when he or she knowingly damages someone else’s property, and that property was worth $150 and the damage was done without consent of the owner, OR arson is committed when you knowingly damage property worth $150 or more with intent to defraud an insurer. Arson is an aggravated offense if at the time a building is set on fire, the perpetrator knew someone was in the building, where someone suffers great bodily harm as a result of the fire, or when a fireman, police officer, or correctional officer is harmed as a result of the fire.
Non-aggravated felonies are generally Class 2 and subject to up to four years of probation or 3 to 7 years in prison. Arson is a Class 1 felony if the fire is set on a residence or place of worship. Class 1 felonies carry a mandatory prison sentence of 4 to 15 years. Aggravated arson is a Class X felony and carries a mandatory prison sentence of 6 to 30 years.
Potential defenses to these allegations include lack of intent or knowledge, or that the accused had consent of the owner. An experienced criminal defense attorney may be able to negotiate with the State’s Attorney and convince them to amend your charge to a lesser offense or negotiate a favorable disposition in your case.
Don't Let A Criminal Charge Ruin Your Life, We Can Help
If you live in your near Rockford, IL and you or a loved one is faced with a property crime charge, it pays to at least discuss your case with an experienced criminal defense attorney. They will go over all the details of the case and determine the best course of action for you.
Contact attorney Brendan W. Caver for a free consultation at (815) 714-9508 or by email, to discuss your case today.
Brendan Will Answer Your Questions
Trust your reputation and livelihood to someone who tries cases and knows the law. Act now to get ahead of any accusations against you. For answers to your specific questions, please call or text 815-714-9508 for your free consultation, 24 hours per day, 7 days per week.
