Defenses to a Home Invasion Charge

My question involves criminal law for the state of: Illinois

I have been dating a girl for 3 months. Everything was great. We would talk everyday, text 100 times a day, I would spend the night at the place she was staying often. One night i was texting her and she stopped texting after work. I tried calling and I never got an answer. I was worried that something was wrong. My friend and I went over to the house that she was staying at. We noticed a car parked funny in the driveway. I went to the front window and saw her and a man in the hallway aurguing. I knocked on the window and he grabbed her and turned off the light.

I immeditaly ran around back were most ppl enter the home and kicked the door open. I knew the door would pop open without anything breaking cause I know the house. I went in there to make sure she was ok , and she was. It ended up being her ex boyfirend of 5 years. she was lying to me. So i introduced myself to him, which he had no idea who i was. she broke up with me after she met me. so she lied to him too.

after 45 min of aurguing. my friend and i left. we went to a bar for a couple hours and i tried texting her to make sure she was ok, and asked her questions. i never got a reply and was worried that he could have done something stupid to her. we came back and he was still there. they were out side and walked in and i followed. she went in the living room. my friend was outside. Her ex boy friend after i tried and tried to "just talk about it" ended up attacking me. grabbing my throat, throwing me on the ground, and hitting me in the head 4 times. My friend pulled him off and then the cops were there.

I was charged with a DUI, a crossing the center line, and a home invasion with injury.

The house i went to, I had a key for. it was on my key chain, but my friend had the keys. I knew the door would pop open and i was panicked for her saftey. The key was given to me by the actual home owner. The girl i was seeing was just her roomate. The home owner gave me persmision to be there when ever i wanted, and could stay the night whenever i wanted too. even my girlfriend wanted me to stay the night everynight.

I just got a lawyer. I had a clean criminal backgorund, and i am 28. I never thought in a million yrs i could be charged with such a crime, when all i did was try to protect someone who i cared about, in a place where i had a key and permission to be.

Not too mention the dui and crossing the center line even though i was never in my car or had the keys on me. I could care less about the dui although... I cant be a felon!!

This is not a home invasion right?

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This is not a home invasion right?

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Yes, it is.

It was not your home. Though you claim to have a key, you not only did not use it, you didn't even have it on you.

You entered the house by force - the classic definition of home invasion. You might have had permission to be there, but you didn't have permission to enter by force.

If you've got a lawyer, you need to be addressing your questions to him.

Have you seen the police report? Does the official version go more like this:

"A and B were in the house talking when A's ex-boyfriend, C, arrived. C kicked the door open and angrily confronted A and B. He refused to leave, and argued with them for approximately 45 minutes. After leaving A's home he went to the XYZ bar where he consumed considerable amounts of alcohol. USO (undersigned officer) was dispatched to the report of a suspected drunk driver, who had been followed by a concerned citizen to A's address. When USO arrived, he found that C had again entered A's house, and was being physically subdued by B. A and B report that when C arrived at A's home they were outside talking and attempted to enter A's home to avoid a confrontation, but that C had followed them inside [did you kick open the door this time, as well?]. C's eyes were glassy and red, he was slurring his words and staggering. He was hostile and combative. After C failed three roadside sobriety tests, USO administered a PBT which indicated a BAC of 0.18...."

Well, I didnt get the police reports yet. My lawyer is handeling that. I never took a breathalizer or a blood test, and no the door was not kicked when I was there the second time. As a matter of fact the door was fine.

But as for the rest, I pretty much hit the nail on its head?

It's good that you have a lawyer working on this.

I wouldnt know until I see the reports but probably. My friend who was with me was also not charged with anything. I know that is good and will come as a great witness if I need one.

As an aside, they can charge the friend at a later time if they so choose.

Well Since none of you are attorneys, your comment dosent matter. I thought this was a legal advice site, not just some person who puts there opinion on who dosent know the facts. The facts are, no one was injured, and my only intentions were to protect a person.


I am sure evrything will be fine. I am an outstanding citizen with a clean record.

The facts are, you kicked someone's door in, raised a ruckus, refused to leave when you were told to, and got the cops called on you.

The law doesn't care what you claim your intent was. The law cares about your actions, and your actions were not legal.

That you don't like the answers given does not mean the answers are wrong - it only means that you're mad that we're telling you what the law is, instead of what you want to hear.

Greenthumb -

Of course we don't have the facts!!! All we have is your side of the story. ...and there are 3 sides to the story, sometimes more.
Your Side
Their Side
What really happened

I am not a lawyer but spent years studying law from the criminal justice (that's the police officer that put the cuffs on you) side as well as spent many months observing court cases.

Like it or not, they can charge your friend.

Wear a nice suit to court, get your hair cut, shave, get a good nights sleep the two days prior to court (if you go Monday don't party over the weekend), wipe the smirk off your face, knock that chip off your shoulder, and don't be a smartass to the judge.

If you don't the judge will wipe the smirk off your face and send you to a place where you can get a good nights sleep, where you can get a hair cut, where you can shave (some jails require it as beards and long hair can hide small weapons), and he/she will knock the chip off your shoulder. As for the smartass part the other cons in jail will take care of that, likely beating it out of you.

...and that is fact. I not only have a background in CJ but have also spent a few days in jail.