BURGLARY

There are two common types of burglary: residential burglary and burglary. Residential burglary is defined as entering, without authority or remaining without authority, in the home of another person with the intent to commit a felony. The words “breaking and entering” are not in the law. It is possible to commit residential burglary by walking through an unlocked or even open door.

The intent to commit a felony is usually easily proven just by being in someone’s home without permission. Residential burglary is a Class 1 felony and is not eligible for probation.

Regular burglary is entering, without authority or remaining without authority, a building or motor vehicle with intent to commit a felony. Again, the words “breaking and entering” are not in the law. Being inside any type of commercial building, such as a liquor store, while not authorized and having the intent to commit a felony meets the definition of burglary.

Burglary is a Class 2 felony. However, burglary of a church or place of worship is a Class 1 felony. Possession of burglary tools, which are defined as any tool that can be used to break into a building or car, is a Class 4 felony.