Robbery and Aggravated Robbery

 Posted on November 21, 2018 in Robbery

A man wearing a Teenage Ninja Turtles mask pulled his car up to the window of a drive-through pharmacy in Shiloh, Illinois and demanded a detailed list of prescription medications. He gave the pharmacist a note with instructions and said that if the pharmacist did not obey, force would be used and that there were other accomplices involved. However, before the man was delivered the medications, he drove off. Since he did not actually take anything, did a robbery occur? The short answer is yes. He can be charged with robbery, but not with theft.

You Do Not Have to Steal Anything in Order to Be Charged with Robbery

The offense of robbery is different than theft in that theft requires that something be unknowingly taken or attempted to be taken from the victim. The value of the property taken determines the level of the crime. Robbery, on the other hand, is a crime of violence and the value of goods taken or attempted to be taken has nothing to do with the level of the crime.

Under Illinois statute 720 ILCS 5/18-1, robbery is defined as knowingly takes property from another by force or threatening to use force. Robbery is punishable in Illinois as a Class 2 felony, which carries a penalty of three to seven years in prison and a maximum fine of $25,000. However, if the victim of the robbery was 60 years or older, is physically disabled, or the robbery occurred in a day care center, part day child care facility, school, day care home, group day care home, or place of worship, it is a Class 1 felony. Class 1 felonies carry a penalty of four to 15 years in prison and a maximum fine of $25,000. Robbery does not apply to motor vehicles; the forceful taking of a motor vehicle (carjacking) is covered under a separate statute.

Aggravated Robbery

If the defendant indicates that they have a dangerous weapon, either verbally or through actions, the crime is upgraded to aggravated robbery, a Class 1 felony. Even if it was found that the defendant was not being truthful at the time and had no dangerous weapon, they have still committed aggravated robbery. A dangerous weapon includes a firearm, knife, bat, ax, bludgeon, or anything that could cause serious bodily harm or death. Additionally, robbery has been committed if the defendant drugged the victim without their consent in order to rob them.

Armed Robbery

Using any dangerous weapon during a robbery is considered armed robbery. Under statute 720 ILCS 5/18-1, armed robbery is a Class X felony, punishable by six to 30 years in prison.

Contact a Cook County Criminal Defense Attorney for Help

Whether you are facing charges of theft, robbery, aggravated robbery, or armed robbery, you need to talk to a lawyer immediately. Contact skilled Rolling Meadows criminal defense attorney Christopher M. Cosley today at 847-253-3100 for a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K18-1

https://www.ksdk.com/article/news/crime/ninja-turtle-mask-wearing-man-tries-to-rob-illinois-walgreens/63-613006809

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K18-1