Illinois Armed Robbery

The Law – 720 ILCS 5/18-2

A person commits Armed 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 and

  1. Indicating, verbally or non-verbally, that he or she is presently armed with a firearm or other dangerous weapon; or
  2. By delivering, including by threat or deception, (through many means) any controlled substance, other than for medical purposes and without the victim’s consent.

AND

  1. They carry on or about their person or is otherwise armed with a dangerous weapon other than a firearm; or
  2. They carry on or about their person is otherwise armed with a firearm; or
  3. They, during the commission of the offense, personally discharges a firearm; or
  4. They, during the commission of the offense, personally discharge a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement or death of another.

Armed Robbery is the most serious type of Robbery offense one can commit in Illinois. Even though, based on a quick reading, Aggravated Robbery and Armed Robbery look similar, they are dramatically different. While one can be convicted of Aggravated Robbery simply by indicating they have a weapon, Armed Robbery actually requires a dangerous weapon to be used in some way during the offense. Simply carrying a dangerous weapon during the offense can subject an individual to a conviction of Armed Robbery, regardless of whether or not that individual actually used the weapon. However, if the weapon is indeed used, then the punishment for Armed Robbery will increase, as illustrated below.

The Sentence

CLASS X FELONY – 6 TO 30 YEARS IF (a) ABOVE.

CLASS X FELONY – 6 TO 30 YEARS, PLUS 15 YEARS IF (b) ABOVE.

CLASS X FELONY – 6 TO 30 YEARS, PLUS 20 YEARS IF (c) ABOVE.

CLASS X FELONY – 6 TO 30 YEARS, PLUS 25 YEARS TO NATURAL LIFE IF (d) ABOVE.

Probation Possible? – No.

Time To Be Served – Must serve 85% of the sentence imposed

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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467

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