Illinois Robbery

The Law – 720 ILCS 5/18-1

A person commits Robbery when he or she knowingly takes property, other than a motor vehicle, from the person or presence of another by force or by threatening the imminent use of force.

In order for the state to succeed on a charge of Robbery, they must prove that a person:

  1. knowingly,
  2. took property,
  3. from a person (or from the presence of a person),
  4. by use of force or threating the use of imminent force.

As such, if an individual took someone’s items while the owner of the item is not around, Robbery would not be a proper charge. A classic example of this is when someone breaks into an unoccupied home to steal items inside of the home. Additionally, force, or the threat of using force, must be present. A key issue in this element is that the threat of force must be imminent. If someone approached a victim and demanded money from that victim, while informing him or her that the failure to comply will lead to harm to that person at some point in the future, it would be difficult for the state to succeed in proving Robbery was committed.

The Sentence

CLASS 2 FELONY – 3 TO 7 YEARS

CLASS 1 FELONY – 4 TO 15 YEARS IF:

  • Victim is 60 years of age or older
  • Victim is physically handicapped
  • The robbery was committed in a school, day care center, day care home or place of worship.

Probation Possible? – Yes.

Supervision Possible? – No.

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

(708) 633-6005