Caught With Burglary Tools? Here’s What You Are Facing

 Posted on July 11, 2025 in Criminal Law

In early July, a 45-year-old man was charged with burglary and possession of burglary tools for allegedly using a counterfeit USPS master key to access apartment buildings and mailboxes. The man was stealing mail and packages from apartment buildings in Logan Square. The police found the counterfeit key, along with a black bag containing four screwdrivers and two Allen wrenches, which are tools commonly used in burglaries.

In the state of Illinois, simply being found with tools that could potentially be used for burglary (bolt cutters, crowbars, lockpicks, etc.) can result in serious criminal charges.  Since possession of burglary tools in the state is a felony, the consequences can be harsh and long-lasting. If you are facing charges of possession of burglary tools (720 ILCS 5/19-2), you should understand the legal definition of the crime, the penalties you face, and how an experienced Wheaton, IL criminal defense lawyer can challenge your charges and defend your actions.

What is Required for Charges of Possession of Burglary Tools?

Being found in possession of any "key, tool, instrument, device, or any explosive suitable for use in breaking into a building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any despository…" can be construed as being in possession of burglary tools.

The statute is extremely subjective, and some might say fairly fuzzy as far as what tools could be construed as burglary tools. For example, the man in the news story above was in possession of screwdrivers and Allen wrenches, which are also commonly used by carpenters, contractors, plumbers, electricians, and other professionals.

How Does the Prosecutor Prove Intent on Charges of Possession of Burglary Tools?

The prosecutor must prove intent to make charges of possession of burglary tools "stick." The prosecution may be relying on circumstantial evidence, such as the nature of the tools or whether the defendant was seen acting "suspiciously" near the targeted location, to prove intent. Illinois law allows the judge or jury to "infer" intent from the possession of tools suitable for breaking into a building, especially if the tools are specifically designed for that purpose.

What Are the Defenses Against Possession of Burglary Tools?

A lack of intent regarding the possession of burglary tools can often be demonstrated by showing a legitimate, non-criminal purpose for possessing the tools. For example, if the defendant is a construction worker, locksmith, or security professional, then possessing lock picks could be justified. Other defenses against possession of burglary tools include:

• The defendant lacked the mental capacity to understand the nature of his or her actions or understand that those actions were wrong.
• The defendant’s mental status was so impaired by drugs or alcohol that they could not form the required intent.
• The defendant committed the crime under threat of immediate harm or death, negating the defendant’s free will.
• Actual innocence: The defendant was wrongly identified.
• The defendant committed a crime to prevent a greater harm.
• The search and seizure were illegal.

What Are the Penalties for Possession of Burglary Tools in Illinois?

The crime of possession of burglary tools in Illinois is a Class 4 felony, making it a very serious crime. The consequences for a conviction of a Class 4 felony include a prison term of one to three years and fines of up to $25,000. In some cases, probation or conditional discharge may be an option. A felony offense can have long-term consequences on employment, housing, and the ability to obtain a professional license or federal college loan.

Contact a DuPage County, IL Criminal Defense Lawyer

Being charged with possession of burglary tools in Illinois is a serious matter, but charges do not mean guilt. The right legal strategy can make all the difference. If you are facing possession of burglary tools charges or other felony offense charges, having a Wheaton, IL criminal defense attorney from Stephen A. Brundage can make a definite difference.

Attorney Brundage has a law enforcement background, having served as an investigator, instructor, evidence technician, and police officer, and has practiced law in Illinois for over 30 years. Call 630-260-9647 to schedule a free consultation.