The Difference Between Burglary and Robbery in Illinois

 Posted on August 02, 2017 in Robbery

Burglary and robbery are legal terms that are commonly conflated. However, under Illinois law these terms refer to two distinct crimes. In a nutshell, a burglary occurs when a perpetrator enters a structure where he or she isnot legally permitted to be with the intent to commit a crime therein, while robbery on the other hand occurs when force, fear, and/or intimidation is used to take property from the person of another. However, it is important to note that burglary and robbery are defined slightly differently in each state.

Illinois’ Definition of Burglary

The Illinois Compiled Statutes, under section 720 ILCS 5/19-1, defines burglary as knowingly entering, or remaining in, a building, watercraft, house trailer, aircraft, railroad car, or motor vehicle without the authority to do so, with the intent to commit a felony or theft therein. However, if the intended felony or theft involves damaging a vehicle, removing part of a vehicle, or tampering with a vehicle then the perpetrator likely has not committed burglary.

Under Illinois law, burglary is generally charged as a Class 2 felony; however, a burglary charge can be elevated to a Class 1 felony if the crime was committed in a day care center/home, school, or place of worship that is not conducted in a private residence.

Illinois’ Definition of Robbery

Under article 18 of the Illinois Compiled Statutes a robbery can be committed in any of the following three ways:

1. Robbery: Knowingly taking the property (except a motor vehicle) from the person of another through the use of force or by threatening the imminent use of force;
2. Aggravated Robbery: Committing an act of robbery (defined above) while either (1) indicating to the victim, either verbally or through action, that he/she is armed with a gun or some other dangerous weapon, or (2) delivering a controlled substance to the victim for a purpose that is not medical in nature; or
3. Armed Robbery: Committing an act of robbery or aggravated robbery (defined above) while (1) in possession of a firearm or some other dangerous weapon, or (2) personally discharging a firearm during the commission of the offense.

Basic robbery is usually charged as a Class 2 felony in Illinois. However, if the victim was 60 years old or older or had a physical disability, or if the robbery was committed in a day care center/home, school, or place of worship then the robbery is elevated to a Class 1 felony. Additionally, aggravated robbery is also charged as a Class 1 felony. Furthermore, armed robbery can be charged as a Class X felony.

Reach Out to Us for Help

Successfully defending against a theft crime like burglary or robbery often takes a great deal of tact and skillas these crimes involve an intent/knowledge component. At The Law Offices of Christopher M. Cosley, our experienced Rolling Meadows theft crimes defense attorneys are familiar with the various tactics used by prosecutors trying cases like these and know how to skillfully defend against them. If you have been charged with a theft crime in Illinois contact our Rolling Meadows office without delay so that our team can start building your defense as soon as possible.

Source:

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