What is Aggravated Robbery in Illinois 720 ILCS 5/18-1(b)?

The crime of Aggravated Robbery in Illinois is found at 720 ILCS 5/18-1(b). It states that: “A person commits aggravated robbery when he or she [commits a robbery] while indicating verbally or by his or her actions to the victim that he or she is presently armed with a firearm or other dangerous weapon, including a knife, club, ax, or bludgeon.”

What Is the Definition Of “Use of Force or by Threatening the Imminent Use of Force”?

“The degree of force necessary to constitute robbery must be such that the power of the owner to retain his property is overcome, either by actual violence physically applied, or by putting him in such fear as to overpower his will.”  People v. Williams, 23 Ill. 2d 295, 301 (1961). Although “a simple snatching or sudden taking of property from the person of another does not of itself involve sufficient force to constitute robbery,” force may be established “where a struggle ensues.” People v. Patton, 76 Ill. 2d 45, 49 (1979).

Generally speaking, quick snatch-and-grabs are not robberies. But if you snatch a person’s phone or money and then there is a struggle for that property, the Court can find that a robbery occurred, even if the struggle results from the victim trying to get the property back from you. See People v. Merchant, 361 Ill. App. 3d 69, 71 (2005).

What If I Was Just Kidding, And I Intend to Return the Property to the Victim?

The Supreme Court of Illinois has said that it does not matter if you intended to return the property to the victim. Specific intent to deprive permanently is not an element of the offense of robbery. People v. Banks, 75 Ill.2d 383 (1979).

What If I Was Not “Presently Armed with a Firearm or Dangerous Weapon” At the Time of the Aggravated Robbery?

The law specifically states that the crime is still an aggravated robbery “even though it is later determined that he or she had no firearm or other dangerous weapon, … in his or her possession when he or she committed the robbery.” 720 ILCS 5/18-1(b).

At what point during the taking of property does force need to be applied for it to be an aggravated robbery?

People v. Gray, 346 Ill. App. 3d 989 (2d Dist. 2004) is a good case to check out regarding this issue. The Court in that case ruled that Aggravated Robberies are similar to Armed Robberies, and there was already a Supreme Court case on this issue regarding armed robberies. That case said, that “although the required force or threat of force must either precede or be contemporaneous with the taking of the victim’s property, use of a dangerous weapon at any point in a robbery will constitute armed robbery as long as it reasonably can be said to be a part of a single occurrence. Sufficient force exists where the force used is part of a series of events that constitute a single incident or occurrence.” People v. Dennis, 181 Ill. 2d 87 (1998).

What does “Dangerous Weapon” mean in the Aggravated Robbery Statute?

An object or an instrument which is not inherently dangerous may be a dangerous weapon depending on the manner of its use and the circumstances of the case. People v. Skelton, 83 Ill.2d 58 (1980).

Is Aggravated Robbery a Misdemeanor or Felony?

Aggravated Robbery is a Felony. A felony is a crime that is punishable by more than 1 year of imprisonment. 720 ILCS 5/18-1(c).

What level of felony is Aggravated Robbery?

Aggravated Robbery is a Class 1 Felony. The order of felonies in Illinois from most to least serious goes: Class X, followed by Class 1, Class 2, Class 3, and then Class 4. 720 ILCS 5/18-1(c).

Do I need a lawyer if I am charged with Aggravated Robbery?

Yes. You should be represented by an attorney on any offense that can result in the loss of your freedom. This is a right guaranteed to you under the United States Constitution.

Can I go to Prison? What Is the Sentencing Range for Aggravated Robbery?

Since Aggravated Robbery is a Class 1 felony, its sentencing range is 4 to 15 years in the Illinois Department of Corrections. 730 ILCS 5/5-4.5-30(a).

Can I Get Probation on an Aggravated Robbery Charge?

Yes. If you are charged with Aggravated Robbery, you are eligible for a sentence of probation of up to 48 months on a class 1 felony (730 ILCS 5/5-4.5-30(d)). Not only are you eligible for probation, but Illinois law suggests it: “the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that: his imprisonment or periodic imprisonment is necessary for the protection of the public; or probation or conditional discharge would deprecate the seriousness of the offender’s conduct and would be inconsistent with the ends of justice.” 730 ILCS 5/5-6-1(a).

Can I get Court Supervision on an Aggravated Robbery Charge?

No. Court Supervision is not a possible outcome in felony cases. 730 ILCS 5/5-6-1(c). 

How is Aggravated Robbery Different from Armed Robbery?

Aggravated Robbery and Armed Robbery are similar crimes because they both involve taking property from a person by force (which is a robbery). The big difference between Armed and Aggravated Robbery is that Armed Robbery is when you commit a robbery while being armed with a dangerous weapon while Aggravated Robbery is when you commit a robbery while saying or implying that you have a dangerous weapon (regardless of whether or not it is true).

Example of both Armed and Aggravated Robbery: I point a gun at you and say give me your money. In this scenario I am actually armed with a dangerous weapon and my actions of pointing the gun at you informs you that I am armed with a dangerous weapon.

Example of Armed Robbery but not Aggravated Robbery: I rob you while having a gun in my pocket, but I never take it out and never threaten you with it. Here, it is an armed robbery because I’m actively armed with a dangerous weapon, but it is not an aggravated robbery because I never informed you that I was armed.

Example of Aggravated Robbery but not Armed Robbery: I tell you give me your money or I’ll shoot you with the gun in my pocket, even though there is no gun in my pocket. In this scenario, it is an aggravated robbery because you believed that I am armed, but it is not an armed robbery because the gun does not exist.

When Is Prison Mandatory? When Is Aggravated Robbery Non-Probationable?

Aggravated Robbery will have a mandatory prison sentence if:

1. You committed the aggravated robbery while on probation or conditional discharge (730 ILCS 5/5-5-3(c)(2)(Z)); or
2. This Aggravated Robbery was your second class 1 felony in the last 10 years (730 ILCS 5/5-5-3(c)(2)(F)).

What Is the Extended Sentencing Range?

Under the Illinois extended sentencing guidelines, if you have been convicted in the last 10 years of a felony, and that felony was of the same class or worse when compared to your current charge, then the maximum allowable sentence is doubled. 730 ILCS 5/5-4.5-30(a). So, the extended sentencing range for a Class 1 Aggravated Robbery would be 15-30 years in the Illinois Department of Corrections.

What Percentage of Your Sentence Do You Serve for Aggravated Robbery Charges 730 ILCS 5/3-6-3?

Aggravated Robbery is a 50% sentence. Illinois Truth-In-Sentencing law states: “the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment.” 730 ILCS 5/3-6-3(a)(2.1). So if you received the imprisonment term of 6 year in the Illinois Department of Corrections, the most you would actually serve is 3 years assuming you do not receive any other credits.

How Long Is the Mandatory Supervised Release or Parole Period for Aggravated Robbery?

For aggravated robbery cases, a person sentenced to the Illinois Department of Corrections will have a mandatory supervised release period of 1 year. 730 ILCS 5/5-8-1(d)(2).

Can I Possess a Gun If I Am Convicted of Aggravated Robbery?

No. A conviction for aggravated robbery would make you a felon, and felons are not allowed to possess guns in Illinois.

How to Keep an Aggravated Robbery Criminal Conviction off Your Record?

There are several ways to keep an Aggravated Robbery conviction off your criminal record. Here are some of those ways:

How to Win an Aggravated Robbery Criminal Case at Trial?

“He owed me money” defense.

One of the elements that the State has to prove beyond a reasonable doubt in any robbery was that the taking was by force or threatening the use of force. Often times, robberies do not involve physical injury to the victim. If there are no injuries, no eyewitnesses, and no video, proving that something was taken instead of given becomes very difficult. Challenging the use of force element can be a very effective defense in these cases.

“It was not me” defense.

When the victim and defendant do not know each other, this defense is sometimes raised. That’s because the State has to prove it was YOU who committed this crime beyond a reasonable doubt. Many aggravated robberies are quick, not lasting more than a few seconds. They occur at night and in private or secluded areas. If the victim’s property was not recovered on the defendant, there were no eyewitnesses and no video, then the risk of misidentification is high. Challenging the State’s ability to identify you as the offender of the robbery could be a very effective defense.

How to Win the Aggravated Robbery Criminal Case at Motion?

If there were some issues with the recovery of evidence in your case, a motion to suppress might be the solution. A criminal defense attorney can challenge the lawfulness of police conduct. If the Court finds that police failed to follow proper procedure, the Court can prevent the State from using what was recovered from the improper search. This could result in a dismissal of your case.

Pro Tip: Errors are sometimes made when a criminal case is presented to the grand jury. Some errors are fatal to the prosecution of the case if the error impacted your due process rights. Speak with your attorney about any grand jury errors.

How to Keep an Aggravated Robbery Conviction Off Your Record Through a Plea Agreement (Reduction on the Charge)?

A very good resolution on an Aggravated Robbery case would be a reduction to a Class 3 felony Theft from Person and a sentence of second chance probation. Aggravated Robberies have also been pled down to class 2 felony robbery, class 3 felony aggravated battery public way, or even misdemeanor battery and/or theft.

Other Violent/Theft Crimes Guides

If you are looking for information about Burglary cases, check out our guide to Burglary cases in Illinois.

If you are looking for information about Retail Theft, check out our guide to Retail Theft cases in Illinois.

If you are looking for information about Robbery, check out our guide to Robbery cases in Illinois.

If you are looking for information about Armed Violence, check out our guide to Armed Violence cases in Illinois.

Hire Illinois Aggravated Robbery Criminal Defense Lawyer Clyde Guilamo

I offer this Illinois Aggravated Robbery guide as free legal education. #notlegaladvice. If you have specific questions about your case, call me today for a free consultation: