Unfortunately for your sister, she is charged with an offense that carries a minimum mandatory sentence of six years in prison and it is not up to the boyfriend whether or not to pursue the case. The state's attorney has filed the charges and no doubt has the boyfriend locked into a written statement that can be admitted into evidence if he testifies inconsistently. If he refuses to appear after being subpoenaed, the state will have a warrant issued for his arrest. There are potential defenses to every charge; where the weaknesses lie in this one can only be determined by an experienced criminal defense attorney after a thorough review of discovery. If she cannot afford an attorney, the court will appoint the public defender. Otherwise, she should know that most of us provide free consultations. www.galivanlaw.net
Many theories of defense are suggested by your inquiry. This is a public forum so I hesitate to list or even hint at defense strategies.
An experienced criminal defense lawyer is your best next move.
Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: www.waaltd.com 24/7 --(708) 481-4800.
Your sister needs a lawyer not an online public forum where discussion of her case is not confidential. Neither she nor your (or anyone else for that matter) should discuss this case in public or even with any other friend or family members. Your sisters lawyer will develop a defense theory for her. The fact that the boyfriend will not show up at the first court date is not helpful. He can be subpoenaed if necessary There are many great criminal defense attorneys in your area. You sister should speak to several and hire the one she likes best.
This is question is very fact specific as is this case. You really should contact a couple of attorneys in a private forum to give you and your sister guidance.
Please contact a lawyer and do not make legal decision based on the legal advice provided. Criminal cases are complex and factually very sensitive.
Home invasion occurs when a person, who is not a peace officer acting in the line of duty, enters the dwelling place of another, without authority, when he or she knows, or has reason to know, that one or more persons is present, or he or she knowingly enters the dwelling place of another and remains in such dwelling place until he or she knows or has reason to know that one or more person is present and while armed with a dangerous weapon, including a firearm or other weapon other than a firearm, and uses force or threatens the imminent use of force upon any person or persons within such dwelling place whether or not injury occurs, or commits against any person or persons within that dwelling place criminal sexual abuse, aggravated criminal sexual abuse, criminal sexual assault, or predatory criminal sexual assault of a child.
Pursuant to Illinois Statute 720 ILCS 5/12-1 home invasion is a Class X felony punishable by 6 to 30 years in the State penitentiary and a fine up to $25,000.
If the accused is armed with a firearm and uses force, or threatens the imminent use of force, upon any person or persons within the dwelling, whether or not injury occurs, then 15 years shall be added to the sentence.
If the accused uses force, or threatens the imminent use of force, upon any person or persons within the dwelling, whether or not injury occurs and during the commission of the offense personally discharges a firearm then 20 years shall be added to the sentence.
If the accused during the commission of the offense personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person within the dwelling then 25 years shall be added to the sentence.