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Posted by on in Robbery
Illinois defense attorney, Illinois criminal statutes, Illinois criminal lawyer,Property crimes such as robbery and burglary have the power to drastically alter an offender’s life the moment they lead to criminal charges. Penalties for such crimes can range from serious fines and community service to lengthy prison time, all of which can easily blemish a previously clean record. Once these charges exist on a record, the ramifications extend much further, affecting everything from the offender’s current and future job prospects to their reputation throughout the community. Criteria Required to Justify Armed Robbery Whether you were in the wrong place at the wrong time, in the presence of unfortunate company, or simply made the decision to place yourself in a poor situation, whatever led you to face potential armed robbery charges, it is important to know how the law may sustain the charge against you. According to the law in the state of Illinois, at least three separate propositions must be proven in order to properly justify an armed robbery charge against someone. All of the following criteria must be proven beyond reasonable doubt to validate the charge:
  1. The defendant knowingly took property from someone: Considered a Class X felony, armed robbery must be justified with the conscious act of taking something that belongs to someone else.
  2. The defendant used force of some kind or threatened the imminent use of force: In addition to consciously taking property that belongs to someone else, there must also be proof that the defendant did so by the use of force in order for the action to be deemed armed robbery. This can also be considered aggravated robbery if the defendant verbally threatened the use of force. Even if the offender is later found to have not been armed at the time of the crime, the offense still applies due to the verbal threat.
  3. The defendant was armed with a firearm or a weapon other than a firearm at the time the property was taken: If you personally discharge a firearm during the offense or cause great bodily harm, permanent disability or disfigurement, or death to another person because of the use of a weapon, you can be found guilty of armed robbery.

Vehicle hijacking and invasion are other forms of armed robbery that can mean various imprisonment terms and damage to your record that can follow you long term. If you have been accused of committing any form of armed robbery, you need to speak with a skilled Chicago criminal defense lawyer today. Call the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney at 312-629-0669 for a consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=61900000&SeqEnd=62600000

http://www.illinoiscourts.gov/circuitcourt/criminaljuryinstructions/CRIM%2014.00.pdf

Posted by on in Robbery

Illinois defense attorney, Illinois criminal law, Illinois criminal lawyer,When discussing the subject of the various forms of theft, it is very common to hear the terms robbery and burglary used interchangeably. Many times, someone will say they were “robbed” when a thief broke into their home or vehicle and stole their personal belongings. While burglary and robbery are related in the sense that both acts typically revolve around specific theft acts, they are in fact different charges and can mean different things, depending on the intentions surrounding such acts.

Burglary vs. Robbery

There are a number of differentiating factors that separate burglary charges from robbery charges, but one of the most distinct differences between the two is the issue of theft. On its own, theft is the act of taking someone’s property without their consent, while robbery is taking such property with threatening force. Whereas robbery is officially defined as the intentional, conscious, and reckless seizing of property from another individual by use of threatening force, burglary refers to the unauthorized entry of a premise of some sort, with the intent to commit a number of offenses - not just robbery.

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