What Are the Limitations of DNA Evidence in a Burglary Case?

 Posted on October 15,2024 in Burglary

Burglary is a felony that carries fines and prison time in Illinois. In a burglary case, the prosecution’s aim is to prove the defendant committed the assault beyond a reasonable doubt. One of the ways prosecutors try to do this is by presenting DNA evidence. When they are able to match the defendant’s DNA to DNA found at the scene of the crime, it strongly supports the claim that the defendant committed the offense.

However, DNA does not secure a conviction, and there are limitations to how much DNA evidence can impact a burglary case. This article will discuss what burglary is, how DNA evidence is used in a trial, and the limitations of DNA evidence. If you have been accused of burglary, contact an Illinois criminal defense lawyer as soon as possible to begin building your defense.

What Is Burglary?

When people think of burglary, they usually picture someone breaking into a home and stealing property. Under Illinois law, however, the definition of burglary is much broader. Burglary is when a person enters someone else’s property with the intent to commit theft or another felony. The same is true if a person is asked to leave the property and refuses to do so.

There are three important elements to this: 

• You do not need to break into a house or car to be charged with burglary. Even if the doors are left wide open, the fact that you are present unlawfully is enough.
• Burglary does not have to involve theft. It can involve any felony, like assault.
• You do not actually have to commit the felony to be charged. All the prosecution needs to prove is that you had intent to do so.

How Is DNA Used in a Burglary Trial?

After a burglary is committed, law enforcement conducts an investigation. As part of that investigation, they search for DNA at the scene. They may look for skin cells and fingerprints left by the burglar, as well as blood or other bodily fluids. They may also search for items the burglar may have left behind, such as cigarette butts or hats that can be used to extract DNA evidence.

If DNA evidence is found, it can significantly help the prosecution’s case. The prosecutor can use the evidence to tie the defendant to the scene of the crime, which can help convince the jury that he or she was present where the crime was committed.

What Are the Limitations of DNA Evidence?

DNA evidence ties the accused to the scene of the crime, but it stops there. It answers the question "Were you there?" but not "Why were you there?" If the defendant can show that he or she was lawfully present at that location, the DNA evidence may lose a lot of its impact on the case.

Furthermore, even if the defendant was on the property unlawfully, DNA does not mean he or she is guilty of burglary. The prosecution still must prove intent to commit a felony.

Contact a Chicago, IL Burglary Defense Attorney

Facing a burglary charge can be a daunting and frightening experience, especially if the prosecution has DNA or other evidence that may be used against you. The best way to defend against the charge is to hire an Oakbrook Terrace, IL criminal defense lawyer who understands the limitations of such evidence. At Hartsfield Law, we have broad experience helping clients defend against burglary and other charges, and we are ready to start building your defense. Schedule a free consultation by calling 312-345-1700 today.