Theft and Burglary Charges in Peoria, Illinois

Property crime charges in Illinois range from a misdemeanor shoplifting arrest to Class X felony home invasion. The classification of a theft or burglary charge depends on the value of the property, the type of property, the circumstances of the taking, and the defendant's prior record. Understanding where your charge falls in this framework — and what the prosecution must prove — is the foundation of any realistic assessment of your situation.

Updated July 2026

Illinois Theft — 720 ILCS 5/16-1

The general theft statute covers a broad range of conduct: taking property without authorization, obtaining property through deception, obtaining control through threat, and receiving stolen property.

Certain circumstances elevate theft charges regardless of value. Theft from a person — picking a pocket, snatching a purse — is a Class 3 felony regardless of the amount taken. Theft from a school, place of worship, or government property is also elevated. Prior theft convictions can increase the charge classification and trigger extended-term sentencing under 730 ILCS 5/5-8-2.

Retail Theft in Illinois

Retail theft is one of the most commonly prosecuted property crimes in both Peoria County and Tazewell County courts. Under 720 ILCS 5/16-25, retail theft encompasses more than simply taking merchandise:

• Taking merchandise without paying the full retail price
• Altering or removing price tags to underpay
• Using a device to prevent security sensors from detecting merchandise
• Transferring merchandise between containers to underreport value
• Under-ringing — causing a cashier to charge less than the full price
• Returning merchandise known to be stolen for cash or store credit

Retail theft of merchandise worth $300 or less is a Class A misdemeanor (up to 364 days in jail). Retail theft of merchandise worth more than $300 is a Class 3 felony (2-5 years). A second or subsequent retail theft conviction is a Class 4 felony regardless of the value of merchandise stolen. Retail theft from a merchant while armed or in conjunction with assault elevates the charge significantly.

In Peoria County and Tazewell County, retail theft prosecutions are driven by merchant-reported incidents, loss prevention video, and store employee testimony. Cases involving high values, organized theft rings, or repeat offenders receive more prosecutorial attention than isolated first offenses. First offenders in Peoria County courts may be offered supervision or a conditional discharge with restitution in appropriate cases.

Burglary in Illinois — 720 ILCS 5/19-1

The "without authority" element means burglary can be committed by someone who enters a building that is open to the public — such as a store — if they entered or remained with the intent to commit a theft or felony. A person who goes to the back of a store with the intent to steal is not just guilty of retail theft; they may be charged with burglary if they entered an area where they did not have authority to be.

Home Invasion — Illinois's Most Serious Property Crime

Home invasion is charged under 720 ILCS 5/19-6, the Illinois home invasion statute — a Class X felony carrying a mandatory minimum of 6 years and a maximum of 30 years in the Illinois Department of Corrections. Home invasion requires: unauthorized entry into a dwelling where one or more persons are present, combined with either the use or threat of force against any person within, or being armed with a dangerous weapon while inside.

In Peoria County, home invasion cases are prosecuted by senior felony prosecutors in the State's Attorney's office. Because the charge is a Class X felony, probation is not available — any sentence must involve prison time. Home invasion charges involving firearms carry additional mandatory sentence enhancements under Illinois law.

The Elements of Home Invasion Under 720 ILCS 5/19-6

Home invasion has a precise statutory definition. Under 720 ILCS 5/19-6(a), a person who is not a peace officer acting in the line of duty commits home invasion when, without authority, they knowingly enter the dwelling place of another knowing or having reason to know that one or more persons are present — or enter and remain until they know someone is present — or gain entry by falsely representing themselves as, for example, a government, construction, telecommunications, or utility company representative, and then do at least one of the following:

• Use or threaten the imminent use of force while armed with a dangerous weapon other than a firearm
• Intentionally cause any injury to a person inside the dwelling
• Use or threaten the imminent use of force while armed with a firearm
• Use or threaten force and personally discharge a firearm
• Personally discharge a firearm causing great bodily harm, permanent disability, permanent disfigurement, or death
• Commit specified sex offenses against a person inside the dwelling

Two things separate home invasion from burglary under 720 ILCS 5/19-1: a person must be present in the dwelling, and there must be force, the threat of force, injury, or a weapon. Burglary is complete at the moment of unauthorized entry with criminal intent; home invasion is defined by what happens to the people inside.

Sentencing and Firearm Enhancements — 720 ILCS 5/19-6(c)

Home invasion is a Class X felony with a sentencing range of 6 to 30 years under 730 ILCS 5/5-4.5-25, and probation is not available. Firearm involvement adds mandatory enhancements on top of the base sentence: being armed with a firearm adds 15 years, personally discharging a firearm adds 20 years, and a discharge that causes great bodily harm, permanent disability, disfigurement, or death adds 25 years up to natural life. In practical terms, a home invasion charge involving a firearm starts at a 21-year mandatory minimum before any other factor is considered.

The Affirmative Defense in 720 ILCS 5/19-6(b)

The statute contains a built-in affirmative defense for the "enters and remains" form of the charge: a person who knowingly enters and remains until learning someone is present, but then either immediately leaves the premises or surrenders to the people lawfully there without attempting to cause or causing serious bodily injury, has a defense to home invasion. The facts of how the encounter ended — who left, who stayed, what was said — can determine whether this defense applies.

When Your Own Home Can Be the "Dwelling Place of Another"

Under 720 ILCS 5/19-6(d), the "dwelling place of another" includes a home where the defendant holds a tenancy interest but has been barred by a divorce decree, judgment of dissolution of marriage, order of protection, or other court order. The Illinois Supreme Court confirmed in People v. Witherspoon, 2019 IL 123092, that an occupant's invitation does not override the court order. This means a person subject to an order of protection can face a Class X home invasion charge for entering a house they own or pay rent on.

Theft and Burglary Cases in Peoria and Tazewell County

Property crime cases in Peoria County are handled at the Peoria County Courthouse, 324 Main Street, Peoria, IL 61602, (309) 672-6047. The Peoria County State's Attorney's office at (309) 672-6940 prosecutes theft, burglary, and related offenses. Tazewell County cases are handled at the Tazewell County Courthouse, 342 Court Street, Pekin, (309) 477-2214.

Both Peoria and Tazewell County courts have seen significant property crime caseloads, particularly in periods of economic stress. For first-time misdemeanor offenders, supervision with a restitution component is a common resolution. For felony property crimes, the defendant's prior record is particularly important — an escalating history of property crimes often results in more serious treatment even if the individual offense is not severe.