Is Armed Robbery Charged Differently Than Robbery in Illinois?

 Posted on March 17,2020 in Criminal Law

An act of robbery becomes “armed robbery” when an offender carries and/or uses a weapon during the commission of the crime. Weapons may include firearms, knives, and other objects that can cause bodily harm to a victim. This is why armed robbery is classified as a violent crime with more severe punishments than simple robbery in Illinois. It is important to understand the difference between the two offenses and the consequences if you are accused of them. A skilled criminal defense attorney can explain your options for defending against these serious charges. 

How Does Illinois Define Robbery?

According to Illinois law, robbery is the act of taking property from a victim using threats of violence. However, “property” does not include a motor vehicle, since that is covered in a separate law. Charges of robbery can be elevated to aggravated robbery when:

• The alleged robber tells the victim that he or she has a weapon (such as a gun, switchblade, or ax) during the crime, but he or she actually does not

• The alleged robber takes property after delivering a controlled substance to the alleged victim without their consent

• The victim of the robbery is over the age of 60 

• The victim of the robbery is physically disabled

• The robbery occurs in a school, daycare center, or place of worship

Simple robbery is punished as a Class 2 felony, while aggravated robbery is elevated to a Class 1 felony. Each charge is punished with a prison term and fines; up to seven years and up to 15 years respectively. Felony charges may be punished by fines of up to $25,000.

How Does Armed Robbery Differ?

There are different variations of the armed robbery law, all of which have penalties that grow more severe depending on the nature of the offense. All acts of armed robbery are considered a Class X felony with baseline punishments, including a prison term of up to 30 years and fines up to $25,000. Simply carrying a non-firearm weapon during the crime will see the offender face the above punishments. Prison terms are extended depending upon the seriousness of the crime:

• 15 years are added to the term if the offender carries a firearm during the crime

• 20 years are added to the term if the offender discharges a firearm during the crime

• 25 years or up to the remainder of natural life is added to the term if the offender discharges a firearm that subsequently causes bodily harm or kills a victim

Contact a Joliet, IL Criminal Defense Attorney

Violent acts are serious and can be life-altering for both the victim and the alleged criminal. However, there are ways to defend against armed robbery charges, especially if the allegations are false. If you or someone you know is accused of this serious crime, it is imperative that you hire a lawyer from the Law Offices of Tedone & Morton, P.C. who can help build a solid defense strategy. To schedule a free consultation with a tenacious Will County violent crimes defense lawyer, call our office today at 815-666-1285.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=61900000&SeqEnd=62600000