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Archive for the ‘armed robbery’ tag

Robbery and Aggravated Robbery

November 21st, 2018 at 1:44 pm

robberyA man wearing a Teenage Ninja Turtles mask pulled his car up to the window of a drive-through pharmacy in Shiloh, Illinois and demanded a detailed list of prescription medications. He gave the pharmacist a note with instructions and said that if the pharmacist did not obey, force would be used and that there were other accomplices involved. However, before the man was delivered the medications, he drove off. Since he did not actually take anything, did a robbery occur? The short answer is yes. He can be charged with robbery, but not with theft.

You Do Not Have to Steal Anything in Order to Be Charged with Robbery

The offense of robbery is different than theft in that theft requires that something be unknowingly taken or attempted to be taken from the victim. The value of the property taken determines the level of the crime. Robbery, on the other hand, is a crime of violence and the value of goods taken or attempted to be taken has nothing to do with the level of the crime.

Under Illinois statute 720 ILCS 5/18-1, robbery is defined as knowingly takes property from another by force or threatening to use force. Robbery is punishable in Illinois as a Class 2 felony, which carries a penalty of three to seven years in prison and a maximum fine of $25,000. However, if the victim of the robbery was 60 years or older, is physically disabled, or the robbery occurred in a day care center, part day child care facility, school, day care home, group day care home, or place of worship, it is a Class 1 felony. Class 1 felonies carry a penalty of four to 15 years in prison and a maximum fine of $25,000. Robbery does not apply to motor vehicles; the forceful taking of a motor vehicle (carjacking) is covered under a separate statute.

Aggravated Robbery

If the defendant indicates that they have a dangerous weapon, either verbally or through actions, the crime is upgraded to aggravated robbery, a Class 1 felony. Even if it was found that the defendant was not being truthful at the time and had no dangerous weapon, they have still committed aggravated robbery. A dangerous weapon includes a firearm, knife, bat, ax, bludgeon, or anything that could cause serious bodily harm or death. Additionally, robbery has been committed if the defendant drugged the victim without their consent in order to rob them.

Armed Robbery

Using any dangerous weapon during a robbery is considered armed robbery. Under statute 720 ILCS 5/18-1, armed robbery is a Class X felony, punishable by six to 30 years in prison.

Contact a Cook County Criminal Defense Attorney for Help

Whether you are facing charges of theft, robbery, aggravated robbery, or armed robbery, you need to talk to a lawyer immediately. Contact skilled Rolling Meadows criminal defense attorney Christopher M. Cosley today at 847-394-3200 for a free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K18-1

https://www.ksdk.com/article/news/crime/ninja-turtle-mask-wearing-man-tries-to-rob-illinois-walgreens/63-613006809

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K18-1

Illinois One-Act One-Crime Doctrine

February 16th, 2016 at 7:00 am

one-act one-crime doctrine, robbery, Rolling Meadows Criminal Defense AttorneyWhen formally charged, a criminal defendant may be surprised to learn just how many different charges are filed against him or her for a single alleged crime. Someone who is arrested for driving under the influence might face DUI charges and reckless driving charges. Someone who gets into a physical altercation with law enforcement might be charged with aggravated battery of a peace officer and obstructing a peace officer.

Illinois employs what is referred to as the one-act, one-crime doctrine. Under this doctrine, for any one physical act or crime committed by a criminal defendant, he or she can only be convicted of one crime. However, that does not mean that the criminal defendant will not face a number of charges. Criminal defense lawyers work to either get charges dropped completely, or reduced to lesser crimes, which carry less severe consequences.

You May Face a Number of Criminal Charges

Many have heard the expression of ‘throwing everything at the wall and seeing what sticks.’ Prosecutors often take this approach when pressing charges against criminal defendants. This is because under Illinois law, a defendant can only be convicted of an offense with which he or she has been charged. As such, prosecutors will charge a criminal defendant with as many crimes as fit the particular circumstances surrounding the alleged offense. For instance, it is not uncommon for criminal defendants who are arrested for driving under the influence to be charged with both DUI charges, under 625 ILCS 5/11-501, and reckless driving, under 625 ILCS 5/11-503. The DUI charges are the more serious offense, while reckless driving is a lesser offense.

Prosecutors often also charge criminal defendants with lesser included offenses. Lesser included offenses refers to situations where each of the elements required for establishing liability for a minor, or lesser, crime are necessarily required to establish liability for a more serious crime. Armed robbery, under 720 ILCS 18-2, is an example of a serious crime, and robbery, under 720 ILCS 18-1, is a lesser included charge commonly charged in conjunction with armed robbery. Armed robbery is the greater crime, while robbery is the lesser crime in this example.

In order to establish liability for armed robbery, the prosecution would necessarily have to establish liability for robbery. While not all the elements might exist to convict a criminal defendant of armed robbery, the elements for robbery may exist, and the criminal defendant can be convicted on the charge of robbery.

You Will Only Be Convicted of One Charge

Despite being charged with multiple crimes, a criminal defendant will only be convicted of one crime per physical act or crime. For example, while you can be charged with both robbery and armed robbery, you cannot be convicted of both armed robbery and robbery. Instead, you will only be convicted of one crime or the other, if you are convicted at all.

We Can Provide You with Exceptional Representation

Being charged with a crime is scary and daunting. Please do not hesitate to contact a skilled and compassionate Rolling Meadows criminal defense attorney at our office immediately if you are facing criminal charges. We will fight to get your charges dismissed or reduced if possible. Call us today at 847-394-3200.

Source:

https://casetext.com/case/people-v-kolton-1

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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