man in jeans cuffedThis is the next post in my series on the handling of Class “X” felony cases in Peoria and other parts of Illinois. My last article discussed defending against charges of sexual assault. Defendants should understand that there are a variety of possible defenses in such matters. Even if it is not possible to defend the case, it may be possible to reach a more favorable resolution. Retaining an experienced attorney is important for ensuring that your rights are protected throughout the process. In this article I will discuss what to expect when one has been charged with home invasion. If you need assistance then contact my office today to speak with a lawyer.

Home Invasion can result in six to thirty years in an Illinois prison

Illinois considers residential home invasion to be a separate charge from burglary. The latter occurs whenever one enters another’s property with the intent to commit a crime on the premises. Home invasion, by contrast, occurs when one enters another’s residence, or hides inside, and another person is injured or force is used while possessing a weapon. If a defendant is convicted of home invasion then they will face six to thirty years in prison, in addition to fines. Also, they will be saddled with having a violent felony on their record. This can make it extremely difficult to secure housing, employment, or to pass a background check.

Defendants charged with home invasion will often face additional charges as well. This is due to the fact that several charges can stem from one course of conduct. As an example, suppose that Joe is a convicted felon and he is in possession of a firearm. He unlawfully enters someone’s home to steal the television. The homeowner comes out and Joe pistol whips the homeowner, knocking him unconscious. Joe will be charged with home invasion. He will also likely be charged with being a felon in possession of a firearm, assault, and theft. If Joe is convicted on all counts then the Judge will have the discretion to run the counts consecutively. This would mean that Joe would have to serve time for one count before time begins to be credited towards another count. While how the Court will rule is always going to depend on the specific facts of the case, this example demonstrates how one chain of events can lead to multiple charges.

Contact a Peoria defense lawyer if you have been charged with home invasion

If you or a family member have been charged with home invasion then it is important that you retain an attorney so that counsel can begin to build a defense on your behalf. These types of cases often hinge on eyewitness identification. If, however, law enforcement obtained the initial identification through overly suggestive means then it may be possible to prevent the witness from testifying in Court. Other important issues may involve statements obtained in violation of a defendant’s Miranda rights as well as search and seizure issues if evidence was obtained from the defendant. How to best defend a matter will depend on the specifics of the case. Counsel will advise as to what is the best course of action.

If you or a family member have been charged with home invasion then contact my office today to speak with a Peoria criminal defense lawyer. I am a former prosecutor who is familiar with our local court system and my office will give your case the attention it deserves. Contact us online or by telephone to schedule an initial consultation. I also service the cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. I serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. I also handle federal cases in Urbana.