It is a defense if you either immediately leave the premises or if you surrender to the person lawfully present without attempting to cause bodily injury.
To avoid a conviction for home invasion, you must have both a “tenancy interest” and a “possessory interest.” For example, in People v. Lawrence, the defendant broke a window to enter the home where he had lived with his former wife. Defendant’s name was still on the lease. Nevertheless, the court upheld his conviction for home invasion because the wife had kicked the defendant out several months earlier. While he had a “tenancy interest” because of the lease, he no longer had a “possessory interest.”
Home invasion is a Class X felony.
If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Can the state prove all the elements of your offense beyond a reasonable doubt? Did you have authority to enter the home? Do you actually still live there? Did you leave immediately? Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
No comments:
Post a Comment