Is There a Difference Between Robbery and Burglary in Illinois?

 Posted on August 21, 2019 in Theft

The state of Illinois does have separate laws in place to differentiate between robbery and burglary. Both are very similar crimes that involve someone breaking into a specific property, vehicle, or business and either taking items or has the intent to steal items.

The act of burglary is defined by Illinois law as a person(s) unlawfully entering a property without permission of the owner with the intent to steal items while on site. Even if no property is taken, a person can be charged with burglary if the intent to steal is proven.

Illinois law defines robbery as a person(s) taking property from another person with the use of force or threat. The law does not cover automobiles, but Illinois does have a separate law for vehicular theft.

Robbery can be boosted to aggravated charges if an offender uses a gun, knife, or other weapon during the crime.

What Are the Punishments?

The majority of the time, bother burglary and robbery are considered Class 2 felonies punishable by a prison term of three to five years. If the victim of a robbery is over the age of 60, disabled, or if the crime is committed in a school or place of worship, the charge is a Class 1 felony punishable by a prison term of four to 15 years.

Offenders can also face fines of up to $25,000 and could pay compensation for any items that are unable to be recovered after the crime.

How to Defend Against Burglary or Robbery Charges?

The easiest way to defend against legal charges is to prove that the alleged thief had permission to enter the property by the owner. Other defensive strategies include:

• Proving lack of intent to steal property: charges can then be lessened to trespassing if the defendant can prove they did not intend to commit a crime.
• Entrapment by law enforcement
• Coercion: the defendant can attempt to prove that they were persuaded by someone else to commit the crime and that they would not have done it by their own choice.
• Insanity: charges can be lessened if it is proven that the offender was not in the correct state of mind to know right from wrong at the time of the crime.

Contact a Chicago Burglary Attorney

If you or someone you know is facing charges of robbery or burglary, hire a lawyer from the Luisi Legal Group who can make sure your rights have not been violated. To schedule a free consultation with a Chicago burglary defense lawyer, call 773-276-5541.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=62600000&SeqEnd=63400000

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=61900000&SeqEnd=62600000