Will I Go to Jail for a Home Invasion Conviction? 

 Posted on December 18, 2024 in Criminal Law

Home invasion is one of the most serious criminal charges in Illinois, carrying severe penalties, including mandatory prison sentences. If you have been charged with home invasion, you need to understand what you are up against and get the help of an aggressive Illinois criminal defense attorney who can help you fight the charges.

What Exactly is Home Invasion in Illinois?

According to Illinois law, home invasion is when someone unlawfully enters or remains in another person’s home while knowing, or having reason to know, that someone is there. To be considered a home invasion, the suspect must do certain things during the invasion, such as using or threatening force, causing injury, or being armed with a dangerous weapon.

Home invasion is not the same as burglary. While burglary involves entering a property with the intent to commit theft or another felony, home invasion focuses on actions that directly endanger the safety of people inside the home. That is why home invasion is classified as a violent crime and carries harsher penalties than burglary.

Penalties for a Home Invasion Conviction

In Illinois, home invasion is a Class X felony, the most serious category of felony other than first-degree murder. A conviction for home invasion has a mandatory prison sentence, with specific penalties depending on the circumstances of the case. The base penalty includes:

• A mandatory minimum sentence of six years and up to 30 years in prison.

• Up to $25,000 in fines in addition to other financial penalties.

Certain aggravating factors can increase the severity of the sentence. For example, using a gun during the invasion can add 15 years to the sentence, and shooting the gun can add 20 years. If someone is injured by the gunshots, the offender faces a mandatory sentence of 25 years to life.

Can You Be Charged with Home Invasion in Your Own Home?

Yes. In some cases, a person can face home invasion charges for entering his own home or apartment. This usually occurs when there is a protective order in place that prevents that person from entering the home.

For example, if someone pays the bills or has his name on the lease or mortgage but violates a protective order by entering the home, he may be charged with home invasion if the act involves any of the behaviors listed above, such as threatening or injuring someone inside.

Protective orders are taken very seriously in Illinois, and violating one can lead to severe criminal penalties, even if you feel justified in your actions. Trying to talk to your partner, your spouse, or your kids in person is not a good reason for violating a protective order. There are other ways to do these things if you need to. Speak with an attorney about your options and never show up at a place where a protective order says you cannot go.

Avoiding Jail for a Home Invasion Charge

Given the mandatory minimum prison sentences associated with a home invasion conviction, avoiding jail time can be extremely challenging. However, a criminal defense attorney may be able to reduce the severity of the charges or negotiate a plea agreement that avoids a Class X felony conviction.

Possible defenses against a home invasion charge include:

• Lack of Intent: Proving that you did not intend to commit harm or enter the home illegally.

• Mistaken Identity: Proving or suggesting that you were not the person who committed the crime.

• Violation of Rights: Challenging evidence obtained through illegal search or seizure.

Every case is unique, and a strong defense strategy tailored to your situation can make the difference between staying out of jail and going to jail for decades.

Schedule a Free Consultation with Our Rolling Meadows, IL Criminal Defense Lawyer

If you are facing home invasion charges, speak with an Arlington Heights, IL criminal defense attorney as soon as possible. The fact that it was your home, or that you did not intend to seriously injure someone or cause damage, will not matter. Do not take any chances when your future is at stake. Call Scott F. Anderson, Attorney at Law at 847-253-3400 now to schedule a free consultation and get started on the next steps.