The Differences Between Theft, Robbery, and Burglary in Illinois

 Posted on July 24, 2019 in Theft

Many people use the terms theft, robbery, and burglary when referring to theft crimes. While these crimes do have similarities, they also have their differences. Of these, the most significant are the penalties you will face if charged. Due to this, it is important you understand the differences between these different crimes.

Theft

The Illinois Criminal Code of 2012 defines three circumstances that could constitute theft. These include:

• Unlawfully taking property that belongs to another person;
• Taking property from another person through deception or threats; and
• Gaining control of property you know is stolen,

Theft is classified as either a misdemeanor or a felony. If the property stolen was valued at $300 or less, and was not taken from someone’s person, it is a Class A misdemeanor. If convicted, those charged face up to one year in jail and a maximum fine of $2,500.

When the property stolen is worth less than $300, but it was stolen directly from someone’s person, the crime is upgraded to a Class 3 felony. Theft is also charged as a Class 3 felony when the property stolen is worth between $300 and $10,000. This charge carries sentences of up to five years in state prison and a maximum fine of $25,000.

Theft of property valued between $10,000 and $100,000 is a Class 2 felony. The maximum sentence, if convicted, is a maximum of seven years in prison and a fine of $25,000. When the property stolen is worth more than $100,000, the crime is a Class 1 felony. A conviction can result in a maximum of 15 years in prison and a fine of $25,000.

Robbery

Robbery is a very similar crime to theft. It also involves taking property from a person. The difference with a robbery charge is that this crime also involves the use of force or the threat of force.

A robbery charge is upgraded to aggravated robbery when a person indicates to the victim, either verbally or non verbally, that they have a firearm. For example, if someone stole another person’s wallet while showing them a gun in their jacket, that is aggravated robbery.

Most robberies are charged as a Class 2 felony. If convicted, this charge carries a penalty of up to seven years in prison and a maximum fine of $25,000.

If the victim is older than 60 years old or has a disability, the crime is considered a Class 1 felony. Aggravated robbery is also charged as a Class 1 felony. Possible penalties include up to 15 years in prison and a maximum fine of $25,000.

Burglary

When people think of the term burglary, they typically think of a crime that involves some type of theft. That is not always necessarily the case, however.

According to 720 ILCS 5/19-1, burglary occurs when a person unlawfully enters a building with the intent to commit a felony or theft. If a person entered a building without permission with the intent to commit sexual assault, that would be considered burglary.

Burglary is always considered a felony and can be charged as a Class 3 to a Class 1 felony. If convicted, a person faces a possible five to 15 years in prison.

Call a Rolling Meadows Criminal Defense Lawyer that Can Help

Although theft, robbery, and burglary are all different crimes, they share one similarity. If convicted of any one of them, you could face serious jail time. If you have been charged with any of these crimes, call our skilled Rolling Meadows criminal defense attorneys for help. At the Law Offices of Christopher M. Cosley, we will help you understand the charges you are facing, and try to get them reduced or dropped altogether. Call us today at 847-394-3200 or contact us online for your free consultation.

Sources:

https://www2.illinois.gov/osad/Publications/DigestbyChapter/CH%2049%20Theft.pdf

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-1