Armed robbery is a Class X felony in Illinois. There is no possibility of receiving a sentence of court supervision or probation for a Class X felony. At Hartsfield Law , we understand that dire circumstances may make a person feel they have no choice but to steal in order to survive. A mental illness or drug addiction may be involved, or an unarmed person may be caught up in a group and not realize that another person is armed.
We also recognize the harsh toll that a felony conviction takes on a person's life and the importance of getting charges reduced whenever possible. Whatever your situation, you will receive friendly, knowledgeable, and assertive counsel at Hartsfield Law. When multiple robbers work together, even if only one is armed, all of them can be charged with the crime of armed robbery. The penalties for armed robbery in Illinois are severe, even if a firearm is not discharged, and no one is wounded in the course of the robbery.
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I have read and understand the Disclaimer and Privacy Policy. Most trial processes, from arrest to the sentencing, takes a months to a couple of years. If you would like more information on any aspect of the robbery charge, work with our firm at once.
Aggravated robbery is a very serious form of robbery. If you have been charged with aggravated battery , it is ever more important that you retain the legal services of our firm. In New York there are three degrees of robbery, each corresponding to a different class of felony: Third degree: A Robbery in the 3rd degree in NY is considered a Class D non-violent felony.
Although this is considered the least serious form of robbery in New York, the minimum penalty is two to three years in prison, or up to seven years in prison upon conviction. Second degree: A robbery in the second degree is considered a Class C violent felony has a minimum sentence of three and a half years and a maximum of 15 years. The minimum sentence for a first time offender with no prior criminal history is 5 years in state prison; the maximum robbery charge sentence is 25 years in prison.
If the robber is a repeat offender, the sentence may be even longer. Is Armed Robbery a Felony? What Is 2nd Degree Robbery? A robbery can be charged as second-degree robbery when: The robbery is committed with an accomplice present The accused causes someone not involved in the robbery to be injured The accused is carrying a deadly weapon such as a firearm or something that appears to be a weapon How long does a robbery trial last?
How is aggravated robbery charged in New York? For example, forcefully taking a library book from someone would qualify, even though the victim doesn't own the book. Unlike simple theft like taking an item from a store , robbery involves taking something from a person. This includes not only taking something from one's grasp, such as hitting someone in order to cause him to lose his grasp of his briefcase, but taking something from someone's presence. Items that are within a person's presence are close to the victim and within his control.
For instance, locking a clerk in a storeroom after forcing the clerk to open the safe would constitute robbery, because the safe was under the control of the clerk. Another way of understanding this is to say that the money in the safe was within the clerk's control in that he could have prevented the taking but for the robber's threats or violence.
Some states, however, don't require that the item be taken from the person or his presence. In these states, the use of violence or threats in conjunction with the theft will suffice.
The law requires that the defendant actually carry the property away, even slightly. Sometimes, merely exercising control over the item taken will suffice. For instance, intending to take a camera, a thief places his hands on the case that hangs from the victim's shoulder. Although he is stopped before he could move it, in most states, this act would suffice for "control.
The person who has taken another's property must have intended at the time to permanently deprive the victim of that property. Taking something with the intent of using it in a way that creates a high likelihood that it will be permanently lost is sufficient. For example, taking a cell phone with the intent of using it and abandoning it creates a substantial risk that it will never be returned. Taking someone's property is robbery if any force is used to obtain it.
Pushing someone down, hitting someone, wresting something from the victim's grasp are all examples of violence. There need not be a lot of force—a light shove or the snapping of a purse strap will do. Robbery can also be accomplished by intimidating someone—placing someone in fear. But in some states, that fear must be reasonable—the response of any ordinary person in the position of the victim. Other states will count a victim's unreasonable response the response of someone unusually susceptible to threats , as long as it was triggered by the defendant's actions.
Traditionally, the threat needed to be one of serious injury or death, or the destruction of the victim's home; and the threat needed to be of imminent harm. For example, threatening to do harm to the victim's family member many months hence is not imminent enough to qualify as a threat.
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