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What are Common Defenses to Robbery Charges in Illinois?

TheftCharges involving violence against another person are often prosecuted to the furthest extent of the law. Illinois is no exception. Any form of robbery is considered a felony under Illinois law. Robbery occurs when a person knowingly takes property from a person or in the presence of an individual by using or threatening force. Robbery charges can also be considered aggravated robbery if you indicate that you have a firearm or other weapon during the robbery. Robbery is a serious crime that can have serious consequences if you are convicted.

Basic robbery is classified as a Class 2 felony, which carries a minimum of three years and a maximum of seven years in prison and up to $25,000 in fines. In some circumstances, robbery can be charged as a Class 1 felony, which carries four to 15 years in prison. Aggravated robbery is always charged as a Class 1 felony.

Robbery Defenses

Most people would agree that a favorable conviction or sentence would be devoid of jail time. If you are arrested for robbery, you are not automatically guilty – you must be found guilty. Arguing for your innocence will likely include these common defenses to robbery charges:

  • Innocence: In some cases, it is possible that you can argue that you are innocent. To successfully do this, you must be able to prove that you were not the one to commit the robbery, which can be done by providing a reliable alibi or other proof.
  • Duress: Not everyone who commits crimes does so willingly. Sometimes, people are forced to commit crimes. If you are able to prove that you were faced with the threat of harm if you did not commit the crime, you may be able to use duress as a defense.
  • Entrapment: If you use the entrapment defense, you must be able to prove that someone else pushed you into committing the crime. Entrapment may be difficult to prove, however, as you must be able to prove that you would not have committed the crime if not for the other person.
A Joliet, IL, Criminal Defense Attorney Can Help

If you have been charged with robbery or aggravated robbery, you need help from a skilled Will County robbery defense lawyer. If you are convicted of robbery, you face the possibility of multiple years in prison, in addition to expensive fines. At the Law Office of John S. Fotopoulos, P.C., we will do everything we can to ensure you are fairly represented. To schedule a free consultation, call our office today at 708-942-8400.


Illinois Compiled Statutes - 55

Illinois Compiled Statutes - 53

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