What is Possession of Burglary Tools in Illinois 720 ILCS 5/19-2?

The law for Possession of Burglary Tools in Illinois is found at 720 ILCS 5/19-2. It states, “A person commits possession of burglary tools when he or she possesses any key, tool, instrument, device, or any explosive, suitable for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle, railroad car, or any depository designed for the safekeeping of property, or any part thereof, with intent to enter that place and with intent to commit therein a felony or theft.”

What Are Examples Of Burglary Tools?

Burglary tools can be items specially crafted in someone’s garage, or they can be items available for purchase at a home improvement store like Menards or Home Depot. These items can include crowbars, hammers, pliers, bolt cutters, scissors, lock picks, paper clips, staples, tweezers, screwdrivers, masks, gloves, drills, torches, dynamite, gunpowder, bump keys, rope, tape, handcuffs, knives, card readers/writers, and anything else you can think of that could be used to gain entry into a closed location.

What does “With Intent To Commit Therein A Felony Or Theft” mean?

Most people know what it means to commit a theft. But the definition of Possession of Burglary Tools includes entering a location without authority to commit a felony. So if you have no intention of committing a theft, but intent to commit 1) a sex crime, 2) an aggravated battery, 3) an unlawful restraint, or 4) damage a lot of their property, then you can be charged with Burglary.

What Is The Sentencing Range For Possession Of Burglary Tools In Illinois?

Possession of Burglary tools is a class 4 felony, punishable by 1 to 3 years in the Illinois Department of Corrections. 720 ILCS 5/19-2(b).

Can You Get A Sentence Of Probation?

Yes. If you are charged with a class 4 felony possession of burglary tools, then you are eligible for probation of up to 30 months. 730 ILCS 5/5-4.5-40(d). Not only are you eligible for probation, but Illinois law suggests it: “the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that: his imprisonment or periodic imprisonment is necessary for the protection of the public; or probation or conditional discharge would deprecate the seriousness of the offender’s conduct and would be inconsistent with the ends of justice.” 730 ILCS 5/5-6-1(a).

How long is the Mandatory Supervised Release or Parole Period for Possession of Burglary Tools?

For the class 4 felony possession of burglary tools, a person sentenced to the Illinois Department of Corrections will not have a mandatory supervised release period unless the Prisoner Review Board, based on a validated risk and needs assessment, determines it is necessary for an offender to serve a mandatory supervised release term. If the Prison Review Board decides to put you on Mandatory Supervised Release, the maximum period will be 1 year. 730 ILCS 5/5-8-1(d)(3).

Can I Get Court Supervision?

No. Court supervision is not a possible outcome in felony cases. 730 ILCS 5/5-6-1(c). Note: Keep reading to find out about second chance probation.

Can I Possess a Gun If I Am Convicted of Possession of Burglary Tools?

No. In Illinois, people who have been convicted of a felony cannot possess guns. See my Unlawful Possession of a Weapon by a Felon guide.

What Is the Extended Term Sentencing Range 730 ILCS 5/5-4.5-35?

Under Illinois’ extended sentencing guidelines, if you have been convicted of a felony in the last 10 years, and that felony was of the same class or worse when compared to your current charge, then the maximum allowable sentence is doubled.  730 ILCS 5/5-5-3.2(b). That means that the extended sentencing range for a class 4 felony possession of burglary tools is 1 to 6 years IDOC (730 ILCS 5/5-4.5-45(a)).

What Percentage of Your Sentence Will You Serve on a Possession of Burglary Tools Charge? 730 ILCS 5/3-6-3(a)(2.1)

Possession of Burglary Tools is a 50% sentence. Illinois Truth-In-Sentencing law states: “the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment.” 730 ILCS 5/3-6-3(a)(2.1). So if you received the imprisonment term of 2 year in the Illinois Department of Corrections, the most you would actually serve is 1 year assuming you do not receive any other credits.

What Other Things Should I Know If I Suspect That Police Are Investigating Me for Possession of Burglary Tools?

Police sometimes call suspects to ask them if they could come down to the police station and “answer some questions about an incident that happened.” This is an attempt to gather evidence against you. As with any ongoing criminal investigation, you have the right to a lawyer and the right to remain silent. DO NOT TALK TO ANYONE about an ongoing criminal investigation. #commonsense; #notlegaladvice.

How To Keep a Possession of Burglary Tools Case Off Your Record

There are several ways to keep a conviction for Possession of Burglary Tools case off your criminal record. Here are some of the ways:

How to win at Trial?

Challenge that you did not have “criminal intent.”

The only thing that makes possessing burglary tools a crime is that you intend to use them for an unlawful purpose. Most burglary tools can be purchased at Home Depot (i.e. hammer, screw driver, pliers, etc.). Any person who works in construction would have all of those tools at the same time. The “I am a handyman” defense may be a very good defense in some circumstances.

Challenge that you “knowing possessed” the items.

If you gave consent for the police to search the trunk of your car (your first mistake may have been giving consent), and they find a bag with burglary tools and stolen property, you may find yourself defending a possession of burglary tools charge. The best defense may be the “I lend my car to my boyfriend. It’s his bag.” That defense works because it is not enough that you were in possession of the car, and in the trunk there happened to be these items. The State must show that you knowingly possessed those items. If the State fails to prove the connection between you and those items, you could win the case.

How to win at Motion?

If there was no probable cause to stop and/or search you, a motion to suppress might be the solution. A criminal defense attorney can challenge the lawfulness of the stop or search. If the Court finds that it was a bad stop or a bad search, the Court can prevent the State from using what was recovered from the bad stop or search as evidence. This could result in a dismissal of your case.

Complete Second Chance Probation. What is Second Chance Probation? (730 ILCS 5/5-6-3.4)

People charged with Possession of Burglary Tools who have no prior felony convictions are eligible for second chance probation. Second Chance Probation is a great way to keep a felony conviction off your criminal history. Here are the minimum requirements of the program:

• 24 Months of Probation;
• 30 hours of Community Service;
• Remaining free from controlled (non-prescribed) substances which is monitored by random drug testing; and
• Completion of a Drug Abuse Evaluation and following any recommended treatment.

Second Chance Probation does require the prosecutor’s consent (so be nice to your assistant state’s attorney). A person can only get Second Chance Probation once every 4 years. 730 ILCS 5/5-6-3.4(h). If you plead guilty, are sentenced to 2nd Chance Probation, and successfully complete the 24 months of probation, the felony case would be dismissed (and then you can expunge it!).

Substance Use Disorder Act (Previously TASC Probation – 20 ILCS 301/40-10)

Under the Substance Use Disorder Act, a person can be sentenced to treatment as a condition of probation for a Possession of Burglary Tools case. Although a conviction initially enters against you, the good news is that “upon successful fulfillment of the terms and conditions of probation the court shall discharge the person from probation. If the person has not previously been convicted of any felony offense and has not previously been granted a vacation of judgment under this Section, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her.” 20 ILCS 301/40-10(e).

Diversion Programs

Many counties have diversion programs which are alternatives to the criminal justice system. Essentially, you and the prosecutor enter into an agreement that if you comply with the terms of the program (which usually include treatment, classes, and/or community service) the case that brought you to court would be dismissed. If the prosecutor is offering a diversion program, accepting and complying with the program is almost always the best possible result.

Plea Agreement (Reduction on the Charge)

Although rare, prosecutors sometimes clear backlogs and move cases by giving defendants “a bargain.” A reduction from a Possession of Burglary Tools to misdemeanor Criminal Damage to Property is a very good disposition. These cases could also be reduced to Theft, Possession of Stolen Property, Criminal Trespass to Residence, or Criminal Trespass to Property.

Other Theft Crime Guides

If you are looking for information about:

• Possession of Stolen Motor Vehicle cases, then check out our guide to Possession of Stolen Motor Vehicle cases in Illinois.
• Retail Theft cases, then check out our guide to Retail Theft cases in Illinois.
• Burglary cases, then check out our guide to Burglary cases in Illinois.
• Residential Burglary cases, then check out our guide to Residential Burglary cases in Illinois.

Hire Illinois Possession of Burglary Tools Lawyer Clyde Guilamo

Lastly, I hope this guide of free legal education was helpful. #notlegaladvice. If you found this article helpful, then consider giving us a review on Google! And if you have specific questions about your case, give me a call.