What Are Common Defenses for Robbery Charges in Illinois?

 Posted on July 31,2020 in Criminal Law

Theft crimes are taken seriously in Illinois, with penalties that can include hefty fines and jail time. Typically, robberies are charged as felonies in Illinois. However, when preparing a defense, attorneys and robbery defendants have a few standard tools at their disposal. Most of these strategies amount to convincing the jury that the prosecution’s evidence does not prove a defendant’s guilt beyond a reasonable doubt. With a well-structured defense and a capable, experienced criminal defense attorney, you have a strong chance of avoiding or limiting robbery charges. 

Defenses for Robbery Charges

Before you defend against robbery charges in court, you and your attorney are likely to choose between two routes: Either claiming innocence and arguing that the prosecution’s evidence does not prove guilt, or admitting guilt but arguing that the details of the crime remove accountability.

If you want to claim innocence in court, you will have to provide evidence that undermines the prosecution’s argument. For example, if you can produce an alibi with verification from several witnesses, it would be difficult for prosecutors to prove beyond a reasonable doubt that you committed the crime if your evidence shows that you were not where they claim you were. Sometimes, even if you lack proof that strongly contradicts the prosecution’s claims, you can contest the validity of certain unreliable forms of evidence. Low-quality security cameras might lack the necessary details to prove that you were at the scene of the crime, and eyewitness testimony can be fickle. 

To fight charges without a strong argument against the prosecution’s evidence, you and your attorney can opt for an affirmative defense. You will admit guilt but will suggest that your actions were beyond your control. For example, if you were involuntarily intoxicated, you can argue that you cannot be charged because the circumstances of the crime were utterly devoid of conscious intent. Some states allow robbery defendants to use a voluntary intoxication defense, but in general, Illinois does not. 

Entrapment is a less common defense because it is difficult to prove. Even if another party coerced you into committing a robbery, if there was any indication of prior intent to commit the crime, an entrapment defense would not sustain a prosecutor’s attacks. Similarly, if a defendant committed a robbery because he or she was threatened, he or she can argue that the crime was committed under duress. Like an entrapment defense, it can be difficult for a defendant to prove that he or she experienced sufficient fear to justify his or her actions.

Contact a Joliet, IL Criminal Defense Attorney

With the right defense, you can be confident in a positive outcome when you bring your robbery case to court. If you or someone you know is facing any type of theft charges, speak with a trustworthy criminal defense attorney as soon as you can. To schedule a free consultation with a diligent Will County robbery defense lawyer, call the Law Offices of Tedone & Morton, P.C., today at 815-666-1285 or 815-733-5350.

Sources:
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=61900000&SeqEnd=62600000#:~:text=A%20person%20commits%20robbery%20when,the%20imminent%20use%20of%20force.&text=Aggravated%20robbery%20is%20a%20Class%201%20felony.
https://via.library.depaul.edu/cgi/viewcontent.cgi?article=2030&context=law-review