Today we will explore an important concept in criminal law – the difference between robbery and aggravated robbery. It should be noted that we will discuss the state-specific approach to these crimes in Illinois. The statutory schemes in other states will differ in many ways.
What is the Definition of Robbery in Illinois?
We can find the state-specific definition of robbery under 720 ILCS 5/18-1. There are two elements to the crime of robbery in Illinois. First, the perpetrator must steal property from someone else. Second, the perpetrator must use force or the threat of force in stealing the property in question.
It is important to note that robbery does not apply to the theft of motor vehicles. There is a separate Illinois statute that addresses the theft of motor vehicles.
What are the Penalties for Robbery in Illinois?
Generally speaking, robbery is classified as a Class 2 felony in Illinois. Conviction of a Class 2 felony can result in:
- Sentence range of three to seven years;
- Extended term of seven to 14 years;
- Fines up to $25,000;
- Mandatory supervised release term of two years; and
- Probation or conditional discharge up to four years.
There are exceptions. If the robbery victim was elderly or handicapped, then it becomes a Class 1 felony. If the robbery occurred at a school, care facility, or religious site, it is also a Class 1 felony. Conviction for a Class 1 felony can result in:
- Sentence range of four to 15 years;
- Extended term of 15 to 30 years;
- Fines up to $25,000;
- Mandatory supervised release term of two years; and
- Probation or conditional discharge up to four years.
What is the Definition of Aggravated Robbery in Illinois?
As outlined in 720 ILCS 5/18-1, robbery becomes aggravated robbery in Illinois under one of two circumstances. First, it is aggravated robbery if the perpetrator commits robbery and threatens the victim with a dangerous weapon. This applies even if the perpetrator only pretends to have a dangerous weapon. Second, it is aggravated robbery if the perpetrator commits robbery and delivers a controlled substance to the victim. This only applies if the victim did not consent to receiving the controlled substance.
The crime of aggravated robbery constitutes a Class 1 felony in Illinois. The corresponding penalties are as outlined in the previous section.
Do You Need Legal Counsel from an Experienced Criminal Defense Attorney?
No matter what the criminal offense, all criminal charges are serious. Without a sound strategy and an aggressive defense, you could miss out on your best chance for a positive outcome. An experienced criminal defense attorney can help you understand the law and navigate toward an effective resolution.
Serving the counties of Dewitt, Ford, Livingston, Logan, McLean, Peoria, Tazewell, and Woodford, The Prior Law Firm is located in Bloomington, Illinois. Our attorneys are dedicated to the practice of Illinois criminal law. If you need legal advice concerning any criminal offense, please do not hesitate to contact us immediately.
You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or online by completing a simple form.