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Archive for the ‘Robbery’ Category

The Difference Between Burglary and Robbery in Illinois

August 2nd, 2017 at 7:03 am

burglary and robbery, Class 1 felony, Rolling Meadows theft crimes defense attorneys, theft crimes, theft crimes defenseBurglary and robbery are legal terms that are commonly conflated. However, under Illinois law these terms refer to two distinct crimes. In a nutshell, a burglary occurs when a perpetrator enters a structure where he or she is not legally permitted to be with the intent to commit a crime therein, while robbery on the other hand occurs when force, fear, and/or intimidation is used to take property from the person of another. However, it is important to note that burglary and robbery are defined slightly differently in each state.

Illinois’ Definition of Burglary

The Illinois Compiled Statutes, under section 720 ILCS 5/19-1, defines burglary as knowingly entering, or remaining in, a building, watercraft, house trailer, aircraft, railroad car, or motor vehicle without the authority to do so, with the intent to commit a felony or theft therein. However, if the intended felony or theft involves damaging a vehicle, removing part of a vehicle, or tampering with a vehicle then the perpetrator likely has not committed burglary.

Under Illinois law, burglary is generally charged as a Class 2 felony; however, a burglary charge can be elevated to a Class 1 felony if the crime was committed in a day care center/home, school, or place of worship that is not conducted in a private residence.

Illinois’ Definition of Robbery

Under article 18 of the Illinois Compiled Statutes a robbery can be committed in any of the following three ways:

  1. Robbery: Knowingly taking the property (except a motor vehicle) from the person of another through the use of force or by threatening the imminent use of force;
  2. Aggravated Robbery: Committing an act of robbery (defined above) while either (1) indicating to the victim, either verbally or through action, that he/she is armed with a gun or some other dangerous weapon, or (2) delivering a controlled substance to the victim for a purpose that is not medical in nature; or
  3. Armed Robbery: Committing an act of robbery or aggravated robbery (defined above) while (1) in possession of a firearm or some other dangerous weapon, or (2) personally discharging a firearm during the commission of the offense.

Basic robbery is usually charged as a Class 2 felony in Illinois. However, if the victim was 60 years old or older or had a physical disability, or if the robbery was committed in a day care center/home, school, or place of worship then the robbery is elevated to a Class 1 felony. Additionally, aggravated robbery is also charged as a Class 1 felony. Furthermore, armed robbery can be charged as a Class X felony.

Reach Out to Us for Help

Successfully defending against a theft crime like burglary or robbery often takes a great deal of tact and skill as these crimes involve an intent/knowledge component. At The Law Offices of Christopher M. Cosley, our experienced Rolling Meadows theft crimes defense attorneys are familiar with the various tactics used by prosecutors trying cases like these and know how to skillfully defend against them. If you have been charged with a theft crime in Illinois contact our Rolling Meadows office without delay so that our team can start building your defense as soon as possible.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=62600000&SeqEnd=63400000

Is it Burglary, Theft, or Robbery?

May 10th, 2017 at 8:54 am

burglary, theft, robbery, Rolling Meadows Criminal Defense LawyerBurglary, theft, and robbery are serious crimes, and each one has distinctive characteristics. Illinois law is very specific in how it defines these crimes and it takes a knowledgeable Rolling Meadows defense lawyer to explain how the laws differ and what the difference means moving forward in your case.

  • Burglary is defined by Illinois law as entering the property of another, knowingly, and without permission, and with the intent to commit a theft or a felony once inside the property.  It is a common misconception that the property needs to be a home. Boats, cars, railroad cars, even airplanes can be burglarized.
  • Theft, as defined by Illinois law, is the unlawful or unauthorized taking of property from another person with the intent to permanently deprive that person of the property.
  • Robbery is the most serious of these three offenses and generally carries the most severe punishments. The reason for that is the violent nature of the offense. Robbery is basically theft accomplished through the use of force, or the fear of force.

Can a Theft Turn into a Robbery?

This is a question you will want to ask your experienced cook county criminal defense lawyer. Generally, the short answer is yes. Theft can turn into robbery the moment the victim is physically harmed or is put in fear of harm. A common example is a purse snatching incident. If a woman sets her purse down on a table and someone whisks by and takes it, a theft has occurred. However, if that person snatches the purse off of the same woman’s arm, it is likely to be charged as a robbery.

Does a Theft Have to Occur for a Burglary Charge?

The short answer is no. A burglary can occur without the actual theft of property. While most burglaries that are committed involve a theft of some sort, it does not have to happen in order for burglary to have happened in the eyes of the law. For example, if someone breaks into his or her neighbor’s home, sneaks in the kitchen, and makes pot brownies, among other crimes they have also committed a burglary.

Facing Criminal Charges?

If you have been arrested and charged with a crime, the first step you should take is to contact your experienced Rolling Meadows criminal defense lawyer. Attorney Christopher M. Cosley has years of experience defending his clients rights when they have been charged with crimes. The Law Offices of Christopher M. Cosley is equipped with the resources necessary to minimize the damage of any criminal conviction and ensure that your rights guaranteed by the constitution are honored by the prosecution. Contact our Rolling Meadows office at 847-394-3200, 24 hours a day, to speak with our dedicated and relentless criminal defense lawyer.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=62600000&SeqEnd=63400000

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1

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

The Difference Between Trespassing, Home Invasion, and Burglary in Illinois

March 9th, 2016 at 8:23 am

trespassing, home invasion, burglary, Illinois Criminal Defense LawyerIllinois law takes a firm stance on protecting a person’s home and property from the unwanted intrusion of others. Indeed, Illinois has a number of laws intended to protect people from others. Specifically, Illinois law provides for criminal charges for trespassing, home invasion, and residential burglary. The consequences associated with each of the above crimes are serious, and criminal defendants who are facing these charges need to have a thorough understanding of what the differences are between these crimes.

Trespassing

Trespassing occurs when a person knowingly enters the property of another without permission. When someone enters or remains in another’s home, it is considered criminal trespassing to a residence, under 720 ILCS 5/19-4. Trespassing can occur by entering another’s yard or property, and residential trespassing could occur if someone entered the home of another or overstayed his or her welcome as a guest.

Home Invasion

A home invasion, under 720 ILCS 5/19-6, occurs when someone enters or remains in an inhabited dwelling without permission and causes injury or threatens to cause injury to the inhabitants. It can be considered home invasion if the invader has a gun or other weapon that he or she uses to threaten the inhabitants of the home. It can also be considered home invasion if the invader commits a sexual crime against an inhabitant of the home.

The inhabitants of the dwelling must be home at the time of the crime in order for it to be a home invasion. If the inhabitants are not home, the charges could be different if the person is caught, based on what he or she does in the home upon entry. If he or she simply leaves after learning that no one is home, the charges could be reduced to trespassing. However, if he or she intends to commit a felony or to steal something, then the person could be charged with residential burglary.

Residential Burglary

Residential burglary, under 720 ILCS 5/19.3, occurs when a person knowingly and without permission enters a dwelling of another with the intention of committing a theft or a felony. Breaking into a home where people are living in order to steal something rises to the level of a residential burglary. But a residential burglary can quickly turn into a home invasion if the burglary goes awry and one of the inhabitants of the dwelling is in the home at the time of the burglary. If the inhabitant confronts the burglar and the burglar causes injury or threatens the inhabitant, the crime can quickly change from a residential burglary to a home invasion.

Contact Us for Assistance

Trespassing, home invasion, and residential burglary are all serious criminal charges, and it is important that you fight any criminal charges that you are facing. Please contact a Rolling Meadows criminal defense attorney immediately to discuss your case. Our dedicated attorneys are happy to help you today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=62600000&SeqEnd=63400000

Everything You Need to Know about Robbery in Illinois

February 17th, 2015 at 10:12 am

Illinois criminal defense attorney, Illinois defense lawyer, theft, property crimes,“I got robbed.” This is a statement that is used very often in our contemporary society. While sometimes it is applied metaphorically, such as when complaining about a call in a sporting event, we usually mean it to imply that someone stole something from us. However, like many areas of criminal law, the common understanding of this term and the legal definition are not the exact same. Not all victims of theft are robbery victims and not all thieves are robbers. Instead, robbery is a very specific type of theft.

What is Robbery in Illinois?

In Illinois, the offense of robbery is defined by statute. As one would assume, robbery requires one person to take property from another person. This can be any property except for certain motor vehicles, which are covered by a separate law. What differentiates robbery from mere theft is that in order for a taking of property to be a robbery, the robber must either:

  • Use force; or
  • Threaten the imminent use of force.

There is also another difference between mere theft and robbery. In order for a taking to be a robbery, the property has to be taken either directly from the victim or from the victim’s presence. If, for example, one were to break into a store at night when no one was there and steal the cash register, that person would not have committed a robbery. While the natural response of the store owner might be to say “I’ve been robbed!” that is not technically accurate, and the thief could not be prosecuted for robbery; instead, the thief could be prosecuted for other crimes like burglary.

Robbery is normally a Class 2 felony, unless the victim is over 60 years old, the victim is a physically handicapped person, or the crime is committed at certain places like schools, churches, or child care facilities. In those cases it is a Class 1 felony.

What is Aggravated Robbery?

Some robberies are worse than others in the eyes of the law. Because of this, Illinois law includes another offense called “aggravated robbery.” Aggravated robbery is a Class 1 felony. There are certain ways to turn a robbery into an aggravated robbery. These include:

  • Indicating through your words or actions during the robbery that you have a dangerous weapon, even if you do not have such a weapon; or
  • Taking the property by administering a controlled substance to the victim without his or her consent.

What is Armed Robbery?

Armed robbery is robbery where the robber has a dangerous weapon or a firearm during the act. There are also versions of this crime that deal specifically with discharging a firearm during the robbery and with seriously injuring someone by discharging the firearm. These are all Class X felonies, but in cases where a firearm is involved there are substantial add-ons of prison time in addition to the regular sentence.

Call the Law Offices of Christopher M. Cosley

When you are charged with robbery or any other crime, you need a fierce litigator in your corner. That is why you should contact experienced Rolling Meadows criminal defense attorney Christopher M. Cosley. Call the office at (847)394-3200 today to learn how we can help.

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