by Attorney Eric D. PuryearThe Illinois crime of Residential Burglary (often abbreviated as Res Burg) is defined by 720 ILCS 5/19-3 as the crime a person commits when he or she knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another, or any part thereof, with the intent to commit therein a felony or theft. A person also commits residential burglary when he or she falsely represents himself or herself, including but not limited to falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another, with the intent to commit therein a felony or theft or to facilitate the commission therein of a felony or theft by another.
Under Illinois Law, Residential Burglary is a Class 1 Felony, which means it is punishable by a minimum of 4 years and a maximum of 15 years in prison. Residential Burglary is a crime that is non-probationable in Illinois, which means that a person convicted of Residential Burglary cannot receive probation and must be sentenced to prison by the court.
The fact that Residential Burglary is a Class 1 felony, and that it is non-probationable, makes it vital to properly handle a residential burglary charge.