Robbery is a theft crime under Illinois law. But unlike many other forms of theft, robbery requires the use or threat of force. In addition, Illinois features an aggravated version of robbery with heightened penalties. But aggravated robbery only applies to specific offenses that involve possession of a weapon or delivery of a controlled substance.
Robbery Laws in Illinois
The Illinois laws against robbery appear under 720 ILCS 5/18-1. This section makes it unlawful to knowingly:
- Take property from the person or presence of a victim; and
- Utilize force or the threat of imminent force to complete the offense.
There is an important exception to Section 18-1. This section does not apply to robbery offenses involving motor vehicles. Illinois has separate laws against and penalties for the robbery of motor vehicles, referred to legally as vehicular hijacking.
Robbery Penalties in Illinois
Section 18-1 also explains the Illinois penalties for robbery. At a minimum, robbery is charged as a Class 2 felony in Illinois. Upon conviction, the statutory punishment can include three to seven years in prison and up to $25,000 in criminal fines.
That being said, robbery can become a Class 1 felony, punishable as explained in the section below. The Class 1 felony version of robbery applies to disabled or elderly victims and to offenses committed in any:
- School;
- Day care center;
- Day care home;
- Group day care home;
- Part day child care facility; or
- Place of worship.
In this context, it does not matter whether children are present at the time of the offense. The time of day or year are also irrelevant. Any robbery offense committed in a day care center, home, or facility is classified as a Class 1 felony in Illinois.
Aggravated Robbery Laws in Illinois
The Illinois laws against aggravated robbery also appear under Section 18-1. Under this section, a standard robbery offense becomes aggravated if the offender also:
- Indicates possession of a firearm or dangerous weapon, even if the offender did not actually have such a weapon; or
- Delivers by any means a controlled substance to the victim for non-medical purposes, without consent or by threat or deception.
Aggravated Robbery Penalties in Illinois
Section 18-1 also explains the Illinois penalties for aggravated robbery. Under Illinois law, aggravated robbery is a Class 1 felony. Upon conviction, the statutory punishment can include four to 15 years in prison and up to $25,000 in criminal fines.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.