A person may be charged with the crime of robbery under Illinois law if he or she takes property, with the exception of a motor vehicle that is covered by 720 ILCS 5/18-3 or 720 ILCS 5/18-4, directly from another person or from the immediate area of another person. This act is done with the use of force or the threat of the imminent use of force. (See 720 ILCS 5/18-1). However, there does not have to be any actual contact whatsoever between the person taking the property and the individual whose property is being taken for the charge of robbery to apply. Robbery is charged as a Class 2 Felony, punishable by a prison term of three (3) to seven (7) years. In Illinois, a person may also be charged with aggravated robbery or armed robbery. Taking a motor vehicle, even through the use of force or threat of imminent force, is charged under a separate provision. (See 720 ILCS 5/18-3 or 4). A Chicago robbery charge is a very serious offense and a very experienced criminal defense attorney is the best way to defend against these charges. A skilled and dedicated advocate understands the elements of the crime and knows the best to represent you or a loved one in order to achieve the best possible resolution.Providing Effective Defense against Robbery Charges
David L. Freidberg has spent this career, spanning nearly two decades of dedicated criminal defense practice, acting as a zealous advocate for his clients. Mr. Freidberg represents clients in Chicago and throughout the surrounding area. He is committed to protecting individuals’ rights and presenting the best possible defense for people charged with the crime of robbery. Mr. Freidberg believes that every person deserves the best advocate available and knows that simply being charged with a crime does not determine what the true character of an individual. There are many different facts that are not taken into account during the initial investigation and filing of charges. Mr. Freidberg understands that a person may have been caught up in unusual circumstances or that witnesses have ulterior motives for making false allegations. Mr. Freidberg has gathered an experienced team of attorneys, investigators and other experts to provide the best possible defense for his clients. Creating an environment where a client is comfortable discussing all aspects of the case is critical for a successful defense. Investigators will independently review all of the evidence and seek new sources of facts and testimony. Mr. Freidberg is committed to taking every action necessary to minimize time spent in jail or prison and believes that dismissal of the charges or a finding of not guilty is possible in many cases.Robbery Crimes under Illinois Law
In accordance with Illinois Law 720 ILCS 5/18-1, the crime of robbery in Chicago is usually charged as a Class 2 Felony, with a typical sentence of 3 to 7 years in prison. A fine of $25,000 also may be imposed. However, there are a number of circumstances where an act will be charged as a more serious crime. These extenuating factors include:
- A crime against a person who is 60 years of age or older;
- A crime against someone who is physically handicapped;
- A crime committed in a nursing home or medical rehabilitative facility; or
- A crime committed in a school (including a day care facility) or place of worship.
Each of these special circumstance crimes may be charged as a Class 1 Felony, which is eligible for a prison term of four (4) to fifteen (15) years. Other factors may lead to an extended sentence of 30 to 60 years. There are other things to consider, including whether or not the person being charged with the crime of robbery has committed a prior Class 2 Felony, or one more serious than that, in the ten years prior to the present charges. If this applies to the case, then the individual being charged is not eligible for probation, which is a very important consideration (See 730 ILCS 5/5-5-3(c)(2)).The Elements of the Crime of Robbery in Chicago
- Taking property from an individual’s person or presence:
- There are two different scenarios where a person may face robbery charges. The first involves taking property from a person directly. This is personal property, not real property. This taking is done when the property is in the individual’s possession and no consent is given for the taking. The person whose property is being taken does not have to own the item, he or she need only be in possession at the time of the taking.
- The other situation that can lead to robbery charges is taking something from another person’s presence. These items must be close to the individual and within his control. An example of this is a bank manager who may be forced to open a vault and then locked in an office while the person empties the vault. The bank vault was under the direct control of the manager who could have stopped the act of taking but for the use of force or threat of imminent use of force on the part of the person being charged with robbery.
- Carrying the property away:
- There must be some element of control by the person taking the property, whether that be carrying the item away or significantly interfering with the person’s possession.
- Intent to deprive the person in possession of the use of the item permanently:
- At the time of the taking, the person must intend to remove the item from the possessor permanently. Intending to take something with the knowledge that it is going to be thrown away after use satisfies this element. This is also an important element to the defense of the charge of robbery.
- Taking the property through the use of force of threat of imminent use of force:
- Robbery must involve the use or threat of force, even if the amount of force is minimal. The force can involve yanking a woman’s purse strap, knocking someone down, or shaking someone to force a release of the item.
The charge of robbery involves many different elements and each one may be challenged as part of the defense strategy. Robbery often involves a situation where the only people present are the individual making the accusation and the person being charged. It is important for a criminal defense attorney to investigate the accuser and any witnesses as part of the defense. The defense is going to depend on the specific facts of each case. The State has to prove up the main element of intent in order to obtain a guilty verdict at trial.David L. Freidberg Zealously Defends Clients Charged with Robbery
David L. Freidberg is a criminal defense attorney in Chicago, Illinois. He has spent more than seventeen years perfecting his skills and acquiring the expertise necessary to effectively defend a person charged with the crime of robbery. Mr. Freidberg has learned that things are almost never the way a prosecutor initially portrays them. It is important for a defense attorney to get through the initial stages in order to gather the real facts from his client and an independent investigation and analysis. Mr. Freidberg understands that good people make mistakes and that false allegations are made. In order to present the best possible defense, we have brought together experienced criminal defense attorneys and other legal professionals to ensure that our clients obtain the most favorable resolution possible. Robbery charges involve many different elements, each of which need to be proven by the prosecution. Mr. Freidberg knows how important it is to review each and every piece of evidence and witness statements in order to present a successful defense. Contact Mr. Freidberg to discuss the specifics of your case during a confidential and free consultation at your convenience. To schedule a meeting in Chicago or the surrounding areas, please email us at firstname.lastname@example.org or call us at (312) 560-7100. We are available 24 hours a day, 7 days a week for your convenience.