What Is A Robbery In Illinois? 720 ILCS 5/18-1

In short, robbery is taking something by force. The law in Illinois is found at 720 ILCS 5/18-1. It states that: “A person commits robbery when he or she knowingly takes property … from the person or presence of another by the use of force or by threatening the imminent use of force.”

What does “Use Of Force Or By Threatening The Imminent Use Of Force” mean?

“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).

Is Robbery A Misdemeanor Or Felony?

Robbery is a Class 2 Felony. 720 ILCS 5/18-1(c). If (a) you commit a robbery in a school, church, or day care facility, or (b) the victim of the robbery has a physical disability or is 60+ years old, then robbery is a Class 1 Felony.

What If I Didn’t Know That The Victim Was Over 60 Years Old Or Had A Physical Disability When I Did The Robbery?

You can still be found guilty of the Class 1 Felony version of Robbery. In People v. White, 241 Ill.App.3d 291, 301 (2d Dist.1993), the court determined that the State must plead and prove each of the circumstances that it is relying on to enhance this offense from a Class 2 to a Class 1 felony. However, the defendant does not have to know that the victim is 60 years of age or older or physically handicapped in order to be convicted under the Class 1 felony.

Can I go to Prison? What Is The Sentencing Range For Robbery?

Since Robbery is a Class 2 felony, its sentencing range is 3 to 7 years in the Illinois Department of Corrections. 730 ILCS 5/5-4.5-35(a). However, the penalties get substantially worse if you have and/or use a gun in the commission of the offense. The penalties could get worse even if you said you had a gun or knife, but you were just lying. Consider looking at my Aggravated Robbery and Robbery guides for more information on those higher penalties.

Can I Get Probation?

Yes. If you are charged with Robbery, you are eligible for a sentence of probation of up to 48 months on a class 2 felony (730 ILCS 5/5-4.5-35(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 Supervision?

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

How is Robbery Different From Aggravated Robbery and Armed Robbery?

Robbery, Aggravated Robbery, and Armed Robbery, are similar crimes because they all 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 inform 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.

How Is Robbery Different From Burglary?

Robbery involves the taking of property from a person. Burglary involves the taking of property from a building or car.

How Is Robbery Different From Theft?

Both Robbery and Theft involve the unlawful taking of another’s property. With Robbery, however, the “taking” is done by the use of force or threatening the use of force. Simple Theft does not require the use of force.

How Much of Your Prison Sentence Do You Serve for Robbery Charges? – 730 ILCS 5/3-6-3

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 to Keep a Criminal Conviction off Your Record

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

How to Win at Trial?

“He owed me money” defense.

One of the elements that the State has to prove beyond a reasonable doubt 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. People can falsely accuse you of robbery for:

• Borrowing something and not returning it;
• Test-driving something you intended to buy and not returning to pay full price;
• Trading something and the other person felt like it was an uneven trade; and/or
• Asking for repayment for a service or good that you previously provided.

“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 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 the offender of the robbery could be a very effective defense.

How to Win 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 a Conviction off Your Record through a Plea Agreement (Reduction on the Charge)?

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

Other Violent/Theft Crimes Guides

If you are looking for information about:

• Burglary cases, then check out our guide to Burglary cases in Illinois.
• Retail Theft, then check out our guide to Retail Theft cases in Illinois.
• Possession of a Stolen Motor Vehicle, then check out our Possession of a Stolen Motor Vehicle cases in Illinois.
• Armed Violence, then check out our guide to Armed Violence cases in Illinois.

Hire Illinois Robbery Criminal Defense Lawyer Clyde Guilamo

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