Burglary is a felony in Illinois in every case, and the penalties for burglary in Illinois run from 2 years in prison at the low end to 30 years or more at the top, depending on what was entered, whether damage occurred, and whether anyone was inside or a weapon was involved. A conviction also carries fines of up to $25,000, mandatory loss of firearm rights, and a criminal record that follows you into employment, housing, and, for non-citizens, immigration status.
What Counts as Burglary in Illinois
A person commits burglary by knowingly entering or remaining inside a structure without authority and with the intent to commit a felony or theft inside.1Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/19-1 – Burglary “Structure” reaches beyond buildings. It covers house trailers, watercraft, aircraft, motor vehicles, railroad cars, and freight containers.
Two features of the law surprise people. There is no breaking-and-entering requirement. Walking through an unlocked door counts if you had no authority to be there and you intended to commit a crime once inside. And you do not have to succeed. The offense is complete the moment you enter with criminal intent, even if nothing is taken and no other crime is carried out.
Prison Time by Type of Burglary
The base burglary statute creates three felony tiers based on what was entered and whether damage occurred:2Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/19-1
- Burglary of a watercraft, aircraft, motor vehicle, railroad car, or freight container without damage is a Class 3 felony. The sentencing range is 2 to 5 years in prison, or 5 to 10 years with an extended term.
- Burglary of a building or house trailer, or burglary of any vehicle or container that involves damage, is a Class 2 felony. The range is 3 to 7 years, or 7 to 14 years with an extended term.3Illinois General Assembly. Illinois Compiled Statutes 730 ILCS 5/5-4.5-35 – Class 2 Felonies Sentence
- Burglary of a school, day care center, or place of worship is a Class 1 felony. The range is 4 to 15 years, or 15 to 30 years with an extended term.4Illinois General Assembly. Illinois Compiled Statutes 730 ILCS 5/5-4.5-30 – Class 1 Felonies Sentence
Extended-term sentencing kicks in when a defendant has qualifying prior convictions or the case involves other aggravating circumstances. Probation is available on standard burglary charges, but that outcome becomes less likely for repeat offenders or cases involving significant damage.
Residential Burglary
Entering a dwelling without authority and with intent to commit a felony or theft is a separate crime called residential burglary. It is a Class 1 felony carrying 4 to 15 years in prison, and 15 to 30 years with an extended term.5Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/19-3 – Residential Burglary4Illinois General Assembly. Illinois Compiled Statutes 730 ILCS 5/5-4.5-30 – Class 1 Felonies Sentence The charge applies whether or not anyone was home. What matters is that the structure qualifies as a dwelling.
Residential burglary is non-probationable in most circumstances. A conviction almost always means prison rather than community supervision, which makes it one of the more aggressively prosecuted property crimes in the state.
Home Invasion and Armed Violence
Penalties climb sharply when a burglary turns into a confrontation or a weapon is involved.
If someone enters a dwelling knowing a person is present, or remains after discovering someone inside, and then uses force, threatens force, causes injury, or carries a dangerous weapon, the charge escalates to home invasion.6Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/19-6 – Home Invasion Home invasion is a Class X felony, the most serious classification below first-degree murder, with a base range of 6 to 30 years. Being armed with a firearm adds 15 years. Firing the weapon adds 20 years. If a gunshot causes great bodily harm or death, the add-on is 25 years to natural life.
Burglary committed while armed can also be charged as armed violence.7Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/33A-2 – Armed Violence Elements of the Offense The enhancement depends on the weapon:
- A Category I weapon (handgun, rifle, shotgun) makes it a Class X felony with a mandatory minimum of 15 years.8FindLaw. Illinois Code 720 ILCS 5/33A-3 – Sentence
- A Category II weapon (stun gun, taser) makes it a Class X felony with a mandatory minimum of 10 years.
- A Category III weapon (knife, club, or other dangerous weapon) makes it a Class 2 felony, or the classification of the underlying felony if that produces a greater penalty.
If the offender personally fires a weapon during the offense, the mandatory minimum rises to 20 years. If someone is seriously injured or killed by the gunfire, the range is 25 to 40 years. Armed violence sentences run in addition to the underlying burglary sentence, and probation is not available.
Possession of Burglary Tools
Illinois treats it as a separate crime to possess a key, tool, device, or explosive suitable for breaking into a structure when the person also intends to enter and commit a felony or theft.9Illinois General Assembly. Illinois Compiled Statutes 720 ILCS 5/19-2 – Possession of Burglary Tools The offense is a Class 4 felony, carrying 1 to 3 years in prison, or up to 6 years with an extended term.10Illinois General Assembly. Illinois Compiled Statutes 730 ILCS 5/5-4.5-45 – Class 4 Felonies Sentence
No entry is required. Carrying a pry bar or lock-picking set under circumstances that suggest a planned break-in is enough. Prosecutors often stack this count on top of a burglary charge, which can produce an additional conviction and a consecutive sentence.
Fines, Restitution, and Court Costs
Any felony burglary conviction can carry a fine of up to $25,000 per offense.11FindLaw. Illinois Code 730 ILCS 5/5-4.5-50 – General Recidivism Provisions Courts also impose mandatory court costs and can order restitution to compensate victims for stolen or damaged property. Restitution is often the largest financial hit for the average defendant, because it tracks the actual loss rather than a statutory cap.
What Happens After Arrest
Illinois has eliminated cash bail under the Pretrial Fairness Act, so nobody posts bond after a burglary arrest. Instead, the state may petition to detain the defendant pending trial by proving the person poses a real and present threat to someone’s safety or is likely to flee.12Illinois General Assembly. Illinois Compiled Statutes 725 ILCS 5/110-6.1 – Denial of Pretrial Release Residential burglary is specifically listed as a detainable offense, and standard burglary involving force against a person also qualifies. If the state does not seek detention or the judge denies the petition, the defendant is released with conditions while the case moves forward.
Consequences That Outlast the Sentence
A felony burglary conviction reaches well beyond the prison term.
Firearms
Federal law bars anyone convicted of a felony from possessing firearms or ammunition.13United States Sentencing Commission. Section 922(g) Firearms In Illinois, that means automatic revocation of your FOID card. A person with three or more prior convictions for violent felonies or serious drug offenses who is later caught with a firearm faces a 15-year mandatory minimum under the federal Armed Career Criminal Act, and burglary can qualify as a predicate offense.
Employment and Housing
Background checks are routine, and theft-related felonies rank among the most damaging entries a hiring manager sees. Licensed professions in healthcare, education, finance, and law enforcement often disqualify applicants with felony records or impose lengthy review periods. Private landlords regularly reject applicants with burglary convictions, and public housing authorities have broad discretion to deny admission on the same basis.
Immigration
For non-citizens, a burglary conviction can trigger deportation or block future visa applications. Federal immigration law can treat burglary as an “aggravated felony” if the sentence imposed is one year or more, and as a “crime involving moral turpitude” regardless of sentence length. Either classification can lead to mandatory removal proceedings, denial of adjustment of status, or permanent inadmissibility. Keeping any single-count sentence below one year is a common defense priority in these cases.
Voting and Jury Service
Illinois restores the right to vote automatically once you are released from the custody of the Illinois Department of Corrections. You do not need to finish parole or probation, and no application is required. People in county jail awaiting trial or serving a misdemeanor sentence never lose the vote at all. Federal jury service, however, remains off-limits unless your civil rights have been legally restored in the state where you were convicted.14United States Courts. Juror Qualifications, Exemptions and Excuses
Sealing a Burglary Conviction
Illinois does not expunge felony convictions unless they are reversed, vacated, or pardoned by the governor. Sealing is the realistic path. Most felony convictions, including burglary, can be sealed three years after the sentence is completed. Sealing does not erase the record, but it hides it from most private employers and landlords running standard background checks. Law enforcement, courts, and certain government agencies still see it.
Burglary is not on the list of offenses permanently ineligible for sealing, unlike domestic battery, sex offenses, and DUI. For someone who has stayed out of trouble after finishing the sentence, sealing is often the single most useful step toward rebuilding employment and housing options.