In Chicago and elsewhere in Illinois, a person may be charged and convicted of armed robbery if he or she commits a robbery while carrying or armed with a firearm or other deadly weapon, such as a knife, ax, club, or bludgeon. (See 720 ILCS 5/18-2). Under Illinois law, armed robbery is charged as a Class X felony. This very serious charge carries a mandatory sentence of incarceration in Illinois Department of Corrections for six (6) to thirty (30) years. A person who is convicted of a Class X felony in Illinois is not eligible for probation. There are specific facts and circumstances that can extend a prison sentence for a period of time from fifteen (15) years to the natural term of life of the defendant. The facts that extend the sentence for the crime include carrying a firearm rather than some other deadly weapon, discharging the firearm, and causing great bodily harm or death during the commission of the robbery. Charges of armed robbery are very serious and a person facing this situation should have and skilled and knowledgeable Chicago criminal defense lawyer.Passionately Advocating on Behalf of Individuals Charged with Armed Robbery
David L. Freidberg is an experienced Chicago criminal defense attorney. Mr. Freidberg has spent more than seventeen years defending the freedom and protecting the rights of his clients. The law in Illinois surrounding crimes of robbery, aggravated robbery, and armed robbery is extremely complex. There are many different elements that the prosecution must prove in order to convict a defendant. It is important to have an attorney with boots-on-the-ground experience who understands how a prosecutor puts a case together and can craft an effective defense against it. The crime of armed robbery is a very serious felony that could result in significant prison time unless the defendant is represented by a skilled attorney who knows how to scrutinize the evidence, analyze witness testimony, and evaluate law enforcement reports. Mr. Freidberg has the extensive knowledge and passionate commitment to preserving his clients’ rights necessary to provide an effective and persuasive defense. Despite the seriousness of the charges, it is possible to have a positive resolution to your case with a minimum sentence or even dismissal of the charges.Armed Robbery Crimes under Illinois Law
The crime of armed robbery occurs when a person takes property from another, accompanied by the use of force or the threat of imminent force, while in possession of a firearm or other dangerous weapon. The specific elements of armed robbery that must be proven by the prosecution are:
- A person took property from another individual;
- The person who committed the crime carried the property away;
- The person who took the property intended to deprive the possessor of the property permanently;
- The taking was accomplished through the use of force or the threat of imminent force; and
- The person taking the property carried and used a firearm or other dangerous weapon during the commission of the robbery.
The element of using the weapon does not necessarily mean firing a gun or making direct contact with another deadly weapon. If the person committing the robbery carries a weapon and simply threatens to use the weapon, then this element will be satisfied. It is clear that certain items like knives, axes, clubs, or other sharp objects qualify as deadly weapons, but there are other things that might satisfy an analysis depending upon the circumstances, including motor vehicles, trained dogs, or even something as seemingly harmless as a cane.
Armed robbery is charged as a Class X felony with a possible sentence of 6 to 30 years. If the person committing the robbery is carrying a firearm rather than some other type of deadly weapon then fifteen (15) years can be added to the sentence. If the perpetrator discharges the weapon during the commission of the crime then twenty (20) years can be added to the sentence. If the person committing the robbery discharges the firearm, which leads to serious bodily harm, disfigurement, disability, or death, then an extension of twenty-five (25) years to a term of natural life may be added to the sentence. (See 720 ILCS 5/18-2(a)-(b)). What this means is that an Armed Robbery conviction could result in a final sentence of up to 55 years in the Illinois Department of Corrections.
Armed robbery can involve many different circumstances, from demanding the wallet or cell phone of a person on the street to robbing a convenience store or threatening an ex-fiancée with a knife while retrieving the engagement ring. A person accused of any crime of armed robbery deserves a skilled criminal defense attorney who will advocate fervently on behalf of his client.Defending the Accused against a Charge of Armed Robbery
A person who has been accused of armed robbery in Chicago may present a defense of mistaken identity. The circumstances surrounding an armed robbery include the use of force or threat of imminent force. This can lead to understandable distress on the part of the robbery victim, contributing to confusion about the person committing the crime. Challenging the identification by a witness is a viable defense in many armed robbery cases.
In proving the elements of armed robbery, the prosecutor is going to rely extensively on the police investigation into the armed robbery. There are many things that a law enforcement officer can do to compromise a case, including overlooking exculpatory evidence, influencing identification of the defendant, coercing a statement or otherwise violating the rights of the accused.
Although there are many different arguments that can be raised in the defense of someone accused of armed robbery, it may be possible to challenge the element that the property was being taken with the intent of permanently depriving the person of its use or possession if the defendant was reclaiming property that actually belonged to him. But be careful, this was the defense O.J. Simpson used and look where it got him. Although this type of self-help recovery is not appropriate, or even legal, in many instances, it may negate a necessary element and lead to a negotiated plea agreement or a reduction in the charges against the defendant.David L. Freidberg Effectively Defends Those Charged with Armed Robbery
Attorney David L. Freidberg is a Chicago criminal defense attorney who has spent more than seventeen years protecting the rights of his clients. It is critical that a person who is arrested or charged with an Illinois Armed Robbery crime contact Chicago armed robbery crime attorney David Freidberg. Being charged with the crime of armed robbery is a very serious situation and it is important to get an experienced and dedicated attorney on your side as soon as possible. The facts of each case are going to be different and will require an in depth review to develop the most effective defense strategy. Mr. Freidberg believes that it is important to sit down with each client to discuss all the elements of the case, discussing factual and technical questions in order to arrive at the best strategy for challenging the prosecutor’s case. In order to aggressively defend each client, Mr. Freidberg has forged a team of skilled criminal defense attorneys and knowledgeable investigators who will examine all of the facts of the crime, reviewing the scene, analyzing witness statements, scrutinizing police reports, and re-examining evidence. It is through these actions that Mr. Freidberg is able to craft the best defense, whether that involves a negotiated deal or taking the case to trial. In order to discuss the specifics of your situation, please contact David L. Freidberg us at (312) 560-7100 or via email at firstname.lastname@example.org to schedule a free and confidential initial consultation. Remember, we are available 24 hours a day, 7 days a week to help you!