Illinois has three different types of robbery charges with which a person may be charged. Aggravated robbery is a charge that is more severe than simple robbery, but (usually) less severe than armed robbery. A person who takes personal property from another through the use of force or the threat of imminent force while implying that the perpetrator has a firearm or other dangerous weapon, including a knife, bludgeon, ax, or other deadly implement will be charged with aggravated robbery. The person can be charged with this crime even if it is later revealed that the accused was not, in fact, in possession of any deadly weapon. (See 720 ILCS 5/18-1). One of the most common scenarios in which a person might find themselves with this type of Chicago charge is when a realistic toy gun is used in the commission of the robbery. Yet another case in which aggravated robbery may be charged is when a person attempting to take property from another sticks his hand in a pocket and implies that he has a gun.
Aggravated robbery is charged as a Class 1 Felony. This crime is punishable from four (4) to fifteen (15) years in Illinois Department of Corrections and a fine of $25,000. A person also may face the possibility of being charged with armed robbery under code section 720 ILCS 5/18-2. If an individual is charged with aggravated robbery, he or she needs the assistance of a skilled Chicago criminal defense attorney who understands the nuances of this unique charge and can work with his client to discover the facts that will support a successful defense. If you or a loved one has been charged with aggravated robbery, you need a dedicated and knowledgeable defense attorney who believes that you deserve a zealous advocate regardless of the circumstances of the crime.Providing the Best Defense Possible against Aggravated Robbery Charges
Chicago-based attorney David L. Freidberg has defended the rights, interests, and freedom of clients charged with criminal offenses for more than seventeen (17) years. Mr. Freidberg is committed to providing the best defense possible to each and every client whom he represents. The crime of aggravated robbery involves a very specific set of facts and it is critical to have a defense attorney who can handle this type of matter and understands how to mount an effective challenge to the prosecutor’s case. It is important to understand all of the circumstances that led to the charges being filed. This is why Mr. Freidberg works with talented investigators who know how to examine existing evidence and discover new information and witnesses. In addition, Mr. Freidberg has a team of criminal defense attorneys who will work with his clients to mount an effective defense. Mr. Freidberg understands when a client may want to accept a negotiated plea, but he always is prepared to go into court and pursue the case to a verdict. Through a focused defense strategy, Mr. Freidberg has been able to get reduced sentences, including probation, and even the complete dismissal of charges.Aggravated Robbery Crimes under Illinois Law
The charge of aggravated robbery is more serious than a charge of robbery. It involves the taking of property from another, carrying it away, having actual intent to deprive the person of the use of the item, and with the use of force or the threat of the imminent use of force. Up until this point in the charging elements, it is the same as a charge of robbery. However, aggravated robbery involves the additional element of leading the victim of the crime to believe that, at the time of the taking, the perpetrator is in possession of a firearm or other deadly weapon, even if this is not true.
Another scenario that may lead to a charge of aggravated robbery is to satisfy all the elements of robbery and then add the element of delivering a controlled substance to the victim of the robbery, without consent, via injection, ingestion, or forced inhalation. This crime does not need to include making the victim believe that the perpetrator has a weapon.Effectively Defending Against a Charge of Aggravated Robbery
Aggravated robbery cases can be difficult to defend. The case is built upon the victim believing that a weapon was present at the time of the taking. The accused does not have to have used an actual weapon. However, it is possible to challenge the elements, specifically disputing that:
- An item was actually taken;
- It was carried away;
- There was an intent to deprive the person permanently of its use or possession;
- The use of force or threat of imminent force was present; and
- The person whose property was taken had a reasonable basis for a belief that a firearm or other dangerous weapon was in the possession of the accused at the time of the taking.
Another defense that may be presented is that of mistaken identity. Aggravated robbery involves circumstances where the individual is under great emotional distress. At a time like this, it is very difficult for a person to make a definite identification. The wrong person may be accused of the crime. This is an avenue of defense that may be pursued depending upon the specific circumstances of the case.Factors that Influence the Sentencing of a Defendant
As discussed above, a person accused of committing aggravated robbery may face a prison term of 4 to 15 years in the Illinois Department of Corrections and a fine up to $25,000. However, there are other factors that will impact the prison term and eligibility for probation. These include:
- Any previous charges or convictions of the defendant, specifically looking at Class 2 or greater felonies committed within ten years of the charge of aggravated robbery;
- Whether the victim was 60 years of age or older;
- Whether the victim was physically handicapped;
- Whether the victim was injured during the robbery;
- The location of the aggravated robbery, specifically whether it was within 1000 feet of a day care facility, school, public park or church; and
- Whether the aggravated robbery was part of a home invasion.
If these or other factors apply to the aggravated robbery case, the sentence may be significantly more severe. Probation may not be possible under certain conditions.Chicago Attorney David L. Freidberg Defends Those Accused of Aggravated Robbery
Practicing in Chicago, Illinois and the surrounding area, David L. Freidberg aggressively defends his clients who have been accused of aggravated robbery. With more than seventeen (17) years of experience, Mr. Freidberg believes that every person accused of a crime deserves an attorney who will learn the specific facts of the case and ardently defend the accused against the charges. In order to protect the rights of his clients, Mr. Freidberg has developed an expert team of investigators and criminal defense attorneys who will examine every piece of evidence that the prosecutor has, review witness statements, analyze police reports, and search for facts and information that may have been overlooked or missed by the prosecutor and law enforcement personnel. Mr. Freidberg has created an environment in which his clients can be comfortable sharing the specifics of their situation so that Mr. Freidberg and his team can mount the most effective defense possible. Contact David L. Freidberg now to discuss your case during a free and confidential initial consultation. He has developed excellent relationships with law enforcement and law officials throughout the Chicago and surrounding areas. Do not hesitate to email us at email@example.com or call us at (312) 560-7100. We are available 24 hours a day, 7 days a week for your protection.