Crimes: What is Robbery?

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Crimes: What is Robbery?

When I sit down with clients they are sometimes baffled by what they are charged with, especially, when the underlying conduct involves the taking of another person’s personal property. What is the difference between Robbery, Aggravated Robbery, Larceny, and Theft?

In Illinois, Robbery is charged as 720 ILCS 5/18-1. 720 ILCS 5/18-1(a) provides, “A person commits robbery when he or she knowingly takes property, except a motor vehicle covered by Section 18-3 or 18-4, from the person or presence of another by the use of force or by threatening the imminent use of force.”

What is the difference between Robbery and Aggravated Robbery? A person commits aggravated Robbery when he or she commits Robbery while indicating verbally or by his or her actions to the victim that he or she is presently armed with a firearm or other dangerous weapon, including a knife, club, ax, or bludgeon. This offense shall be applicable even though it is later determined that he or she had no firearm or other dangerous weapon, including a knife, club, ax, or bludgeon, in his or her possession when he or she committed the robbery.

A person commits Aggravated Robbery when he or she knowingly takes property from the person or presence of another by delivering (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.

What is the difference between Theft and Robbery? Use of force is the crux of the charge of robbery and distinguishes robbery from theft. One who does not threaten imminent use of force and only uses mere physical effort to transfer item from owner to himself, commits theft, rather than robbery, of item that is not attached to person or clothing of another.

What is the difference between larceny and Robbery? Larceny from the person is distinguished from Robbery by the absence of violence or intimidation.

If you are charged with an offense it is best to look up the statute and talk to an attorney about the facts of the case to make sure that the State is correctly charging.

If you want to read more  check out: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=61900000&SeqEnd=62600000