Can I Be Charged With Burglary on My Own Home?

 Posted on November 08, 2024 in Criminal Defense

Whether you can be charged with burglary for entering your own home depends on whether the place you consider your home is a place where you have the legal right to be. People have been charged with and convicted of burglary for re-entering a home after moving out or being forced out, such as by a restraining order. You might also be charged with burglary if you were staying in a home but had not established legal tenancy and the legal resident had told you to leave. If you are charged with burglary for entering a place you considered to be your home, you need an experienced Chicago, IL felony defense lawyer to help you.

Orders of Protection and Burglary Charges

If your home or apartment is in your name, but your romantic partner also lives there, you could be ordered to vacate the residence if your partner obtains an order of protection. If you are ordered to vacate the residence, re-entering it could lead to not only restraining order violation charges but also burglary charges. It is rarely difficult for the state to read the intent to commit theft or a felony, such as a serious assault against your ex, into this type of unlawful entry. This is because you no longer have the legal right to be present in the home, even if you legally own it or the lease is in your name.

Burglary and Evictions

Landlords who attempt to evict a tenant without the court’s permission can face criminal charges. If you begin taking your tenant’s possessions with the intent to dispose of them, that could be considered theft, and you may be charged with burglary.

Likewise, tenants who return to cause major property damage or steal the landlord’s property after being lawfully evicted can also face burglary charges.

Roommate Situations Gone Wrong and Burglary Charges

It is important to establish legal tenancy if you intend to live in a particular residence. Otherwise, you may not have the legal right to re-enter and remove property from the residence. For example, say you are couchsurfing and the person you are staying with tells you to leave after a few days. You are upset because you helped pay some household bills and thought you would be able to stay longer. You break back in and take a few things to recoup your money. This situation could get you arrested for burglary.

Plea Bargaining After a Dubious Burglary Charge 

A skilled lawyer can often have a burglary charge reduced to a simple misdemeanor, especially in cases where you had some claim to the residence you are charged with burglarizing. Burglary may be reduced to misdemeanor trespassing or a similar offense, or the burglary charge may be dismissed if you are willing to plead guilty to any offense committed within the residence. However, fighting back and trying to avoid any type of conviction is also an option.

Contact an Experienced Chicago, IL Burglary Attorney

Law Offices of James F. DiQuattro is committed to providing the best criminal defense possible to people charged with the offense of burglary. Dedicated Cook County, IL felony criminal defense lawyer James F. DiQuattro goes the extra mile for his clients. Contact us at 312-627-9482 for a complimentary consultation.