The Illinois Criminal Code prohibits any person from committing various theft crimes, including burglary and robbery. These two offenses go beyond the baseline requirements for standard crimes, applying conditions such as breaking and entering or the use of force. Though there are distinct differences between burglary and robbery in Illinois.
What is the Illinois Definition of Burglary?
The Illinois definition of burglary appears at 720 ILCS 5/19-1. Under this section, it is unlawful for any person to knowingly and without legal authority:
- Enters a building, house-trailer, watercraft, aircraft, motor vehicle, railroad car with intent to commit theft or a felony crime; or
- Remains within a building, house-trailer, watercraft, aircraft, motor vehicle, railroad car with intent to commit theft or a felony crime.
How Does Illinois Punish Burglary?
Section 19-1 also furnishes the Illinois punishment for burglary. But this punishment can change based on various factors, including the presence of damage or the location of the offense.
It is a Class 3 felony to commit burglary without causing damage to the building or structure in question. Upon conviction for this class of felony, the punishment can include criminal fines up $25,000 and imprisonment for two to five years.
It is a Class 2 felony to commit burglary while also causing damage to the building or structure in question. Upon conviction for this class of felony, the punishment can include criminal fines up $25,000 and imprisonment for three to seven years.
What is the Illinois Definition of Robbery?
The Illinois definition of robbery appears at 720 ILCS 5/18-1. Under this section, a person commits robbery if they knowingly take property from someone else, using force or the threat of imminent force to complete the offense.
Under Section 18-1, a standard robbery offense becomes aggravated robbery if the perpetrator also:
- Indicates that they are in possession of a firearm or other dangerous weapon, even if the perpetrator does not actually possess such a weapon; or
- Delivers any controlled substance to the victim without consent and for non-medical reasons.
How Does Illinois Punish Robbery?
Section 18-1 also details the Illinois punishment for robbery. Any person who commits robbery in Illinois will likely face Class 2 felony charges. Upon conviction, the punishment will mirror the penalties described above.
If the victim was at least 60 years old, however, robbery becomes a Class 1 felony. The same is true for robbery offenses that occur in a school, day-care center or home, child care facility, or place of worship. Aggravated robbery is also a Class 1 felony.
Upon conviction for a Class 1 felony in Illinois, the punishment can include criminal fines up $25,000 and imprisonment for four to 15 years.
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.