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Orland Park Robbery Defense Attorney

DuPage County Criminal Defense Lawyer for Charges of Robbery, Aggravated Robbery, or Armed Robbery

Robbery

Robbery differs from theft in that a conviction for robbery requires proof beyond a reasonable doubt that there was use of force or the threatened use of force. Robbery also requires that property be taken directly from another person or in the presence of another person. The State has the burden of proving every element of the offense beyond a reasonable doubt. This includes that the act was done "knowingly" as well as the fact that a threat was for the "imminent" use of 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 – 3-7 years prison
Probation Possible? – Yes
CLASS 1 FELONY – 4-15 YEARS
IF the victim is 60 years of age or over or is a physically handicapped person, or the robbery is committed in a school, day care center, day care home, group day care home, or part day child care facility, or place of worship.
Probation Possible – Yes.

Aggravated Robbery

Aggravated Robbery is just like standard robbery but adds to it the use or the threat of the use of a dangerous weapon. These weapons include firearms, clubs, knives and axes. The simple act of threating to use any of these weapons, without more, constitutes Aggravated Robbery. For example, if someone walked into a bank, demanded money from a teller and pointed to their waistband, that person could be convicted of Aggravated Robbery because a reasonable person standing in the teller's shoes might believe a gun or other weapon was in the waistband of the individual. This is the case even if the teller did not actually see any weapon. This is still true even if it is later determined that no weapon was actually present. Additionally, Illinois law considers controlled substances to be "dangerous weapons" if the administration, or the threat of administration of a controlled substance, was done without the victim's consent in the course of a robbery. For instance, adding a controlled substance to a person's drink to allow you to rob them would be considered "aggravated robbery".

The Sentence

CLASS 1 FELONY – 4 TO 15 YEARS

Probation Possible? – Yes.

Supervision Possible? – No.

Armed Robbery

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 PERSON CARRIED A DANGEROUS WEAPON OTHER THAN A FIREARM

CLASS X FELONY – 6 TO 30 YEARS, PLUS 15 YEARS IF A PERSON WAS ARMED WITH A FIREARM

CLASS X FELONY – 6 TO 30 YEARS, PLUS 20 YEARS IF A PERSON DISCHARGED A FIREARM

CLASS X FELONY – 6 TO 30 YEARS, PLUS 25 YEARS TO NATURAL LIFE IF A PERSON DISCHARGED A FIREARM AND CAUSED GREAT BODILY HARM, DISFIGUREMENT, OR DEATH FOR ANOTHER PERSON

Probation Possible? – No.

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

Success Story: A mother retained our firm to defend her son on a charge of robbery. A person had accused our client of striking him while in an alley and then taking money from him that he had just gotten at a currency exchange when he cashed a check. The man had identified our client as the person who robbed him from photographs the police showed him. There were no other witnesses to the alleged crime. Our client told us he did not rob the person.We went to the currency exchange and were able to discover that the currency exchange kept detailed records of every check cashed there. We discovered that the alleged victim did not cash a check at the currency exchange as he had told the police. That meant that he either was mistaken as to which currency exchange he had cashed his check, or that he could not have had the money on him that he told the police he had. We went to other currency exchanges in the area, and found that the alleged victim had not cashed a check there either. We investigated further and found that the alleged victim had lost his job a week before the alleged crime, but he did not want to tell his wife, so to cover the fact that he was not bringing home a paycheck, he apparently said he was robbed. In the meantime, however, our client was sitting in jail on a huge bond that neither he nor his family could pay. We demanded trial, but all that means is that our client has to be tried within 140 days – a long time to wait in jail, and he would lose his job. So with the evidence in hand, we filed a Motion to Reduce the Bond set by the court, arguing that the evidence showed that our client did not commit the crime. This strategy would allow our client to possibly get out of jail while awaiting trial. The Judge granted our Motion to Reduce Bond, and released our client on his own recognizance, without the need to post any money. Our client returned to his job. Eventually, based upon our investigation, the State dismissed all of the charges.When we represent an individual, we leave no stone unturned in doing what it takes to get the best result possible for you.

Contact Our Joliet Robbery Defense Lawyer

If you have been charged with robbery, aggravated robbery, or armed robbery, our firm can help you defend against these charges. Contact us at 708-966-2408 for a consultation.

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