Is It Burglary if I Did Not Take Anything?

 Posted on November 18, 2025 in Criminal Defense

It is a common misconception that burglary only applies when property is stolen, but Illinois law focuses on intent. That means you can still face charges even if nothing was removed from the property. To give yourself the best chance at fighting the charge against you, talk to a Naperville, IL burglary defense lawyer as soon as possible to understand your rights and what steps you should take next.

What Is Burglary Under Illinois Law?

According to 720 ILCS 5/19-1, burglary occurs when you enter a building, vehicle, trailer, or other structure without permission and intend to commit a felony or theft once inside. The law does not require someone to actually steal something for the charge to apply. The act becomes burglary the moment they enter with criminal intent.

Prosecutors often focus heavily on intent. They must show you planned to commit a crime at the time you entered. They may use conduct, statements, or the circumstances to argue that you had the required intent.

If the accusation involves someone’s home, garage, or apartment, the case may be charged as residential burglary under 720 ILCS 5/19-3, which carries even harsher penalties. These cases often lead to longer prison sentences and permanent felony records.

Illinois also has a law that addresses the possession of burglary tools. Under 720 ILCS 5/19-2, prosecutors may use tools they say are linked to breaking in as extra evidence of intent. You do not need to use the tools for them to become part of the case.

Can It Help Your Burglary Case if You Did not Steal Anything?

Not taking anything can help your case, but only in certain ways. The fact that nothing was stolen may give your attorney more room to challenge the idea that you intended to commit a crime. Your lawyer may argue that your behavior does not match someone who planned to steal or commit another felony. For example, you may have entered the wrong building by mistake. Maybe you walked into an open garage out of confusion or approached a vehicle without trying to take anything. These details can raise questions about your intent. If prosecutors cannot prove what they claim you meant to do, the charge may be reduced to trespassing or even dismissed.

What Defenses Can You Use for a Burglary Charge if You Did Not Take Anything?

Several defenses may apply, even when police claim they have strong evidence. Because burglary requires proof of intent, the defense strategy often focuses on challenging the prosecution’s claims about your intentions.

Depending on the details of your case, you may be able to use one or more of the following defenses:

• You had permission to enter the building or vehicle. If you were invited or allowed inside, the charge may not fit.

• You were misidentified. Eyewitness mistakes are common, especially when the incident happened quickly or at night.

• Police conducted an unlawful search or seizure. If your rights were violated, certain evidence may be excluded.

• There was no actual entry. If you never crossed the boundary of the property, the burglary charge may not apply.

Your lawyer will examine all the evidence to determine which defense strategy is strongest. In some cases, the charges may be reduced. In others, they may be dismissed.

Schedule a Free Consultation With a Naperville, IL Burglary Defense Attorney

If you are facing burglary charges, you need guidance from someone who understands how these cases work from every angle. Attorney Philip R. Nathe has a background as a former DuPage County Assistant State’s Attorney and more than 25 years in the legal field, so he knows the criminal system from both sides.

Call Law Office of Philip R. Nathe at 630-416-7600 today to schedule your free consultation with a Naperville, IL burglary defense lawyer.