What is Armed Robbery in Illinois 720 ILCS 5/18-2?

In plain English, Armed Robbery is when you have a weapon, and you take something from someone by force. You can find the crime of Armed Robbery in Illinois at 720 ILCS 5/18-2. It specifically states that: “a person commits armed robbery when he or she [commits a robbery]; and

1. he or she carries on or about his or her person or is otherwise armed with a dangerous weapon other than a firearm; or
2. he or she carries on or about his or her person or is otherwise armed with a firearm; or
3. he or she, during the commission of the offense, personally discharges a firearm; or
4. he or she, during the commission of the offense, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.”

What Is the Definition Of “Use of Force or by Threatening the Imminent Use of Force”?

“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).

At what point during the taking of property does force need to be applied for it to be an armed robbery?

People v. Dennis, 181 Ill. 2d 87 (1998) is a good case to check out regarding this issue. That case said that “although the required force or threat of force must either precede or be contemporaneous with the taking of the victim’s property, use of a dangerous weapon at any point in a robbery will constitute armed robbery as long as it reasonably can be said to be a part of a single occurrence. Sufficient force exists where the force used is part of a series of events that constitute a single incident or occurrence.”

What does “Dangerous Weapon” mean?

An object or an instrument which is not inherently dangerous may be a dangerous weapon depending on the manner of its use and the circumstances of the case. People v. Skelton, 83 Ill.2d 58 (1980).

Is Armed Robbery a Misdemeanor or Felony?

Armed Robbery is a Felony. A felony is a crime that is punishable by more than 1 year of imprisonment. 720 ILCS 5/18-2(b).

What level of felony is Armed Robbery?

Armed Robbery is a Class X Felony. The order of felonies in Illinois from most to least serious goes: Class X, followed by Class 1, Class 2, Class 3, and then Class 4. 720 ILCS 5/18-2(b).

Do I need a lawyer?

Yes, because a lawyer should represent you on any offense that can result in the loss of your freedom. Specifically, the Sixth Amendment to the United States Constitution gives you the right to a lawyer, and the Supreme Court case of Gideon v Wainwright, 372 U.S. 335 (1963) provides state appointed lawyers (public defenders) for indigent people. Especially with offenses like this one that involves a mandatory jail sentence.

Can I go to Prison? What Is the Sentencing Range for Armed Robbery?

Since Armed Robbery is a Class X felony, its sentencing range is 6 to 30 years in the Illinois Department of Corrections. 730 ILCS 5/5-4.5-25(a). However, the penalties get substantially worse if you have and/or use a gun in the commission of the offense. If you were personally armed with a firearm, then there is a 15-year gun enhancement. That means that your new sentencing range is 21 to 45 years in the Illinois Department of Corrections. If you discharge that firearm, then it is a 20-year enhancement. So, your sentencing range for discharging the firearm would be 26 to 50 years in the Illinois Department of Corrections. If you shoot someone, then there is a 25 to life enhancement. Your new sentencing range for shooting someone is 31 years to Life in the Illinois Department of Corrections. 720 ILCS 5/19-6(c).

Please note: Your sentencing range could be even higher if this crime must be a consecutive sentence to your other charges. 730 ILCS 5/5-8-4(d)(1) makes class X felonies involving severe bodily injury mandatorily consecutive to other crimes.

Can I Get Probation on an Armed Robbery Charge?

No because Armed Robbery is a Class X Felony with a mandatory prison sentence. Thus, Armed Robbery is non-probationable.

Can I get Court Supervision?

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

How is Armed Robbery Different from Aggravated Robbery?

Armed Robbery and Aggravated Robbery are similar crimes because they both 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 have a gun and you know that I have a gun.

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 had a gun, but it is not an aggravated robbery because I never informed you that I had a gun.

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 thought that I had a gun, but not an armed robbery because the gun does not exist.

What Is the Extended Sentencing Range?

Under the Illinois extended sentencing guidelines, if you have been convicted in the last 10 years of a felony, and that felony was of the same class or worse when compared to your current charge, then the maximum allowable sentence is doubled. 730 ILCS 5/5-4.5-25(a). So, the extended sentencing range for a Class X Armed Robbery would be 30-60 years in the Illinois Department of Corrections.

What Percentage of Your Sentence Do You Serve for Armed Robbery Charges 730 ILCS 5/3-6-3?

Armed Robbery is a 50% sentence. Illinois’ Truth-In-Sentencing law states that: “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 30 years in the Illinois Department of Corrections, the most you would actually serve is 15 years assuming you do not receive any other credits. However, if the Court finds that the conduct that resulted in the conviction for armed robbery caused great bodily harm to a victim, then Armed Robbery becomes an 85% sentence. 730 ILCS 5/3-6-3(a)(2)(iii). That same 30-year sentence would now result in 25.5 actual years instead of 15.

How Long Is the Mandatory Supervised Release or Parole Period?

For Armed robbery cases, a person sentenced to the Illinois Department of Corrections will have a mandatory supervised release period of 1.5 year. 730 ILCS 5/5-8-1(d)(1.5).

Can I Possess a Gun If I Am Convicted?

No. A conviction for armed robbery would make you a felon, and felons are not allowed to possess guns in Illinois.

How to keep a conviction off your record?

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

How to Win a case at Trial?

“He owed me money” defense.

One of the elements that the State has to prove beyond a reasonable doubt in any robbery 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.

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

How to Win the case 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 an Armed Robbery case would be a reduction to a Class 3 felony Theft from Person and a sentence of second chance probation. Armed Robberies have also been pled down to class 2 felony robbery, class 3 felony aggravated battery public way, or even misdemeanor battery and/or theft in rare circumstances.

If you are really stuck because you are facing the 15-year gun enhancement to armed robbery, you could propose a plea to armed violence (theft from person while armed with a firearm) which is another class X felony which does not have a gun enhancement. The problem with this exchange, however, is that Armed Violence has a minimum prison sentence of 15 years. That minimum would still be lower than the 21-year minimum that you are currently facing.

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.
• Robbery, then check out our guide to Robbery cases in Illinois.
• Armed Violence, then check out our guide to Armed Violence cases in Illinois.

Hire Illinois Violent Crimes Lawyer Clyde Guilamo

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