Mr. Wysocki is prepared to provide the solid defense that you need, regardless of the charges you are facing.
Lake County Burglary Attorney
Experienced Legal Defense for Serious Burglary Charges
A burglary charge can change the course of a person’s life. A conviction may bring a felony record, the risk of jail or prison, and long term consequences for work, housing, and family relationships. When charges are filed in Lake County, the situation can feel urgent and confusing from the very first court date.
Albert L. Wysocki Attorney At Law represents individuals accused of burglary and related property offenses in this county and surrounding areas. The firm is led by Attorney Albert L. Wysocki, a former Lake County judge, prosecutor, and chief deputy sheriff who has spent decades working in Illinois criminal law. He draws on this background to help clients understand what they are facing and what options may be available.
People who contact the office are often scared, embarrassed, and unsure where to turn. This page explains what burglary charges mean, what to expect in the Lake County Circuit Court in Waukegan, and how Attorney Wysocki approaches these cases. It is also an invitation to request a free, confidential case evaluation to discuss a specific situation.
Call (847) 892-6162 to request your free, confidential case evaluation.
What is Considered Burglary?
In Illinois, burglary is defined by more than just "breaking and entering." Under 720 ILCS 5/19-1, a person commits burglary when they knowingly enter or remain within a building, vehicle, watercraft, or aircraft without authority and with the intent to commit a felony or theft therein.
- The law distinguishes between different types of structures, which significantly impacts the severity of the charges:
- Simple Burglary: Entering a commercial building (like a warehouse or retail store) or a motor vehicle.
- Residential Burglary: Entering a "dwelling place," which includes houses, apartments, mobile homes, or even trailers intended for residence.
- Possession of Burglary Tools: Simply carrying tools like lockpicks or specialized keys with the intent to use them for a break-in can lead to felony charges (720 ILCS 5/19-2).
Crucially, you do not have to actually steal anything to be charged. The "crime" is the unauthorized entry combined with the intent to commit a crime.
Penalties for Burglary in Illinois
Illinois law is notoriously strict regarding property crimes involving unauthorized entry. Because these are classified as felonies, a conviction often means a permanent criminal record that cannot be expunged.
Penalties for Burglary in IL (By Offense Class)
The classification of a burglary charge depends on the location and the circumstances of the entry:
| Offense Type | Illinois Felony Class | Potential Prison Term | Probation Eligible? |
|---|---|---|---|
| Simple Burglary (No Damage) | Class 3 Felony | 2 – 5 Years | Yes |
| Simple Burglary (With Damage) | Class 2 Felony | 3 – 7 Years | Yes |
| Burglary of a School/Church | Class 1 Felony | 4 – 15 Years | No |
| Residential Burglary | Class 1 Felony | 4 – 15 Years | No |
| Home Invasion | Class X Felony | 6 – 30+ Years | No |
Mandatory Sentencing in Lake County
For residential burglary, the law is particularly unforgiving. It is a non-probationable offense, meaning if you are convicted, the judge must sentence you to at least 4 years in the Illinois Department of Corrections. This makes hiring a seasoned Lake County burglary defense lawyer essential to fight for a reduction or dismissal of charges before trial.
Legal Defenses to Burglary Charges
The prosecution bears the "burden of proof," meaning they must prove every element of the crime beyond a reasonable doubt. At Albert L. Wysocki Attorney At Law, we look for the cracks in the state's case using several proven strategies:
- Lack of Intent: This is the most common defense. If you entered a building but did not intend to steal or commit a felony—perhaps you were seeking shelter or entered by mistake—the charge may be reduced to criminal trespass, which is a misdemeanor.
- Authorized Entry (Consent): If you had permission to be on the premises, you cannot be guilty of burglary. We use text messages, witness testimony, and employment records to prove you had authority to enter.
- Mistaken Identity: Many burglary arrests rely on grainy surveillance footage or unreliable eyewitness accounts. We use forensic experts and alibi evidence to show that the police arrested the wrong person.
- Illegal Search and Seizure: If Lake County law enforcement violated your Fourth Amendment rights while searching your home or vehicle, we can file a Motion to Suppress Evidence. If the "stolen" property or "burglary tools" are thrown out, the prosecution's case often collapses.
Burglary FAQs
Does the owner have to be home for it to be residential burglary?
No. Under Illinois law, a "dwelling" is any place intended for human habitation. It does not matter if the residents were at work or on vacation at the time of the entry.
What is the difference between Burglary and Robbery?
Burglary involves entering a structure to commit a crime. Robbery involves taking property directly from a person by using force or the threat of force. While distinct, they are both serious felonies.
Can I be charged with burglary for "remaining" in a store?
Yes. If you enter a business legally but stay after hours without permission (e.g., hiding in a bathroom until the store closes) with the intent to steal, you can be charged with burglary.
What if I was under the influence?
While voluntary intoxication is rarely a complete defense in Illinois, it can sometimes be used to argue that you were unable to form the "specific intent" required for a burglary conviction.
Why Choose Attorney Albert Wysocki
When a person searches for a lawyer after a burglary arrest, they are not just looking for any criminal defense firm. They often want someone who understands the local court system and has handled serious felony cases in this county for many years. Attorney Albert L. Wysocki has been admitted to practice in Illinois since 1977 and has worked in criminal law for more than 30 years, including criminal defense since 1993.
Before founding his criminal defense practice, Mr. Wysocki served as a Lake County judge, a Lake County prosecutor, and a chief deputy sheriff. This combination is unusual and gives him a perspective that few attorneys can offer. He has seen burglary cases from multiple sides of the courtroom. He understands how law enforcement investigates these matters, how prosecutors make charging decisions, and what judges often look at when considering bond, motions, pleas, and sentencing.
The firm is focused exclusively on criminal defense. Cases are not spread across unrelated practice areas. Clients who hire the office for a burglary or property crime charge work directly with Attorney Wysocki rather than being passed to junior lawyers. He reviews the facts, listens carefully to the client’s concerns, and develops a strategy that reflects the specific circumstances of the case.
Attorney Wysocki holds a Bachelor of Arts degree with honors in Criminal Justice and a Juris Doctorate from the Illinois Institute of Technology Chicago (Kent College of Law). He is a member of the Illinois State Bar Association and the Lake County Bar Association. His long standing involvement in the local legal community and his service in key roles in Lake County are important reasons many people choose him when they need a burglary defense lawyer.
To discuss a burglary or related property charge and learn more about how Albert L. Wysocki Attorney At Law can assist, contact the office today.
Unbiased Advice, Honest Representation
What Sets Us Apart?
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We Will Never Back Down from a Challenge & Will Fight for You
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We Understand the Complex Nature of Criminal Cases
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We Provide One-on-One Consultations & Personalized Representation
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We Have Over Three Decades of Criminal Law Experience
