My brother was arrested a few month ago for residenal burglary. This is his only residenal burlary case. In 2007 he was arrested for burglary and in 2009 arrested for aggrivated assult, in another county. Since he has no other residentals can they sentence him to extended term? N what is the jail term for residenal burglary?
Generally, to be eligible for an extended term a person must have a conviction for the same or greater class of felony as the current charges. Your question states that your brother has prior arrests, but if your brother was not convicted of those prior cases then those prior cases cannot be used to extend his sentence on the new residential burglary case if he pleads guilty or is found guilty.
Residential Burglary is a non-probational class 1 Felony for which the term of imprisonment is 4-15 years.
Residential Burglary (720 ILCS 5/19-3), A person commits residential burglary when he or she
2. and without authority
3. enters or remains
4. within the dwelling place of another (or any part thereof)
5. intending to commit a felony or theft.
Residential burglary is a Class 1 felony (4 - 15 years in the Illinois Department of Corrections, with a possible $25,000 fine. Offenders cannot receive probation.)
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From the facts you have given, it does not appear as if your brother is eligible for an extended term. He is facing 4 to 15 years in prison and is not eligible for parole if the residential burglary is not reduced.
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