What Are the Best Defenses to Burglary Charges?

 Posted on April 23, 2025 in Criminal Defense

A recent rash of early morning burglaries targeting businesses on the South and Southwest side of Chicago has led police to ask people to be on the lookout for a man between the ages of 25 and 40 wearing a black face mask, a blue jacket, and a green hoodie. The suspect uses bricks to smash glass and steal cash and property, usually between the hours of 2 a.m. and 4:30 a.m.

The criminal offense of burglary is often portrayed in the media as a person dressed in dark clothing and a mask, lurking in the shadows, waiting to break into a structure and take something that belongs to another person. The legal reality of burglary is a bit more nuanced, hinging on two elements: unauthorized entry into a building or structure and the intent to commit a criminal offense once inside.

Even when no theft or damage occurs – perhaps the individual was frightened away by a person inside – the intent to carry out a criminal offense can support burglary charges. Interestingly, burglary and larceny tend to be seasonal crimes, with a much higher rate during the summer months, while the theft of motor vehicles shows no such seasonality.  

If you are facing burglary charges, your attorney can use a number of defenses on your behalf. Burglary is a serious crime with severe penalties that can significantly alter your life for a long time. An Aurora, IL criminal defense lawyer should be consulted as soon as you are charged or even think you might be charged.

Defenses to Burglary Depend on the Situation

Your attorney will carefully assess the facts and circumstances surrounding your burglary charges before building a strong defense on your behalf. Often, a defense strategy may involve challenging the element of intent – i.e., showing that you had no intent to burglarize a structure.

The attorney will look carefully at the arrest to determine whether there were any violations of your constitutional rights or other procedural errors regarding evidence collection. Some of the most common defenses used against burglary charges include:

• You are innocent of the crime; either you were misidentified by a witness or deliberately set up. This means you must establish a credible, solid alibi, complete with receipts and evidence showing you could not have been the burglar.
• If there is an eyewitness, your attorney will address issues of misidentification. Eyewitnesses are notoriously unreliable, and factors like stress, distance, lighting, and cross-racial identification can all lead to mistaken identity.  
• The reliability of fingerprints, DNA, or the method used to collect and analyze evidence can all be challenged through the testimony of an expert witness.
• Your attorney may try to show that you had permission from the property owner to go inside, although this can be complex if the owner denies this assertion.  
• There could have been a genuine misunderstanding that made you believe you had permission to enter the property. If this is true, the defense cannot prove you had the intent to commit burglary.
• Duress can sometimes be a defense if you are compelled to commit a burglary under the threat of coercion or harm to you or your family.
• Your attorney may be able to show that you abandoned your original intent to burglarize a property before you actually took steps to break into the structure.
• You may have been denied the right to an attorney even after you asked for one, which could be a violation of your constitutional rights.

Contact a DuPage County, IL Burglary Lawyer

Facing burglary charges on your own is not something you should ever do. Depending on whether you are charged with "standard" burglary, residential burglary, or aggravated burglary, you could face from three to 30 years in prison.

When you have an experienced Naperville, IL burglary attorney from Law Office of Patricia Magaña, LLC by your side, you can be sure you will receive an aggressive, well-planned defense. Call 630-448-2001 to schedule your free consultation. Attorney Magana speaks Spanish.