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Orland Park Robbery Defense Attorney

Lawyer for Charges of Robbery, Aggravated Robbery, or Armed Robbery

There are a variety of different types of offenses that are classified as violent crimes. The offense of robbery also intersects with property crimes, since it involves taking or attempting to take property that belongs to someone else. However, it is a more serious offense than theft due to the potential for harm to others. Because of the severe penalties that may apply when a person is convicted of robbery, representation by a skilled attorney can be crucial in these cases. Issa Law, LLC provides criminal defense services to help protect the rights of people who have been charged with robbery or other related crimes. We understand the legal issues involved in these cases, and we work to help our clients avoid criminal convictions whenever possible.

Robbery

Robbery differs from theft in that a conviction for robbery requires proof beyond a reasonable doubt that there was a 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 involved the "imminent" use of force.

As such, if a person took someone's items while the owner of the property was not nearby, robbery would not be a proper charge. For example, if someone is accused of breaking into an unoccupied home to steal items, they should not be charged with robbery, since they did not directly take the items from the owner. Additionally, force or the threat of using force must be present, and the threat of force must be imminent. If someone approached a victim and demanded money from that victim while implying that the failure to comply would 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.

Robbery is a Class 2 felony that may lead to a prison sentence of three to seven years. If the alleged victim was over the age of 60 or was physically disabled, or if robbery was allegedly committed at a school, day care center, or place of worship, the charge may increase to a Class 1 felony, and a person could face a sentence of four to 15 years. Probation may be possible.

Aggravated Robbery

A standard robbery charge may be increased to aggravated robbery due to the use of or the threat to use a dangerous weapon. These weapons may include firearms, clubs, knives, and axes. The simple act of threating to use any of these weapons constitutes aggravated robbery, even if no harm was inflicted using a weapon. For example, if someone walked into a bank, demanded money from a teller and pointed to their waistband, that person could potentially be convicted of aggravated robbery, because a reasonable person standing in the teller's shoes might believe the person had a gun or other weapon in their waistband. The charges may apply even if the teller did not actually see any weapon, and it was 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 during the course of a robbery. For instance, adding a controlled substance to a person's drink to prevent them from stopping a robbery may be considered aggravated robbery.

Aggravated robbery is a Class 1 felony. Probation may be possible, but court supervision will not be available.

Armed Robbery

The most serious type of robbery offense a person can commit in Illinois involves the use of dangerous weapons. Even though aggravated robbery and armed robbery may seem similar, they are dramatically different. While a person can be charged with aggravated robbery if they allegedly indicated that they had a weapon, armed robbery requires a dangerous weapon to be used in some way during the offense. Carrying a dangerous weapon during the offense can lead to charges of armed robbery, regardless of whether the person actually used the weapon. However, if the weapon was indeed used, then the punishment for armed robbery will increase, as illustrated below.

Armed robbery is a Class X felony, and in cases where a person allegedly carried a dangerous weapon other than a firearm, they may face a prison sentence of six to 30 years. If a person was armed with a firearm, an additional 15 years may be added to their sentence. If they discharged a firearm while committing robbery, an additional 20 years may be added. If the discharge of a firearm led to someone's great bodily harm, permanent disfigurement, or death, 25 years may be added, or a sentence may be increased to life in prison. At least 85 percent of a sentence must be served, and probation will not be available.

Success Story: A mother retained our firm to defend her son against 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 based on 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 it 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 at those locations 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 a trial, but our client would have had to remain in jail for as long as 140 days while waiting for the trial, which would have resulted in the loss of his job. 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 clients, we leave no stone unturned in doing what it takes to get the best results possible.

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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