DuPage County Aggravated Robbery Lawyer

Understanding Aggravated Robbery in DuPage under 720 ILCS 5/18-5

Definition and Statutory Context

Aggravated robbery in Illinois, as defined under 720 ILCS 5/18-5, occurs when a person commits a robbery while either indicating verbally or through their actions that they are armed with a dangerous weapon. This indication can involve the display of a weapon, suggesting possession of one, or any other action that leads the victim to reasonably believe that the perpetrator is armed. This charge is elevated from simple robbery due to the perceived threat of a weapon, significantly increasing the severity of potential penalties.

Legal Definitions

The statute 720 ILCS 5/18-5 provides clear legal definitions pertinent to aggravated robbery. A “robbery” involves the taking of property from another person or their presence, by using force or threatening imminent force. When this act is coupled with the indication of being armed, it escalates to aggravated robbery. The key element differentiating aggravated robbery from other types of theft crimes is the implied presence of a weapon, which induces a greater level of fear and threat in the victim, even if no actual weapon is displayed or possessed.

Penalties and Sentencing

The penalties for aggravated robbery in Illinois are severe. Under 720 ILCS 5/18-5, aggravated robbery is classified as a Class 1 felony. If convicted, an individual faces a potential prison sentence ranging from 4 to 15 years. In certain circumstances, such as when the crime is committed against a person aged 60 or older, a person with a physical disability, or in a school zone, enhanced sentencing provisions may apply, potentially extending the imprisonment period. Alongside incarceration, fines up to $25,000 may be imposed. The gravity of these penalties underscores the seriousness with which Illinois treats aggravated robbery.

Arrest Process

When an individual is suspected of committing aggravated robbery, the arrest process follows standard law enforcement protocols. The police may apprehend the suspect at the scene or later through a warrant based on evidence and witness statements. During the arrest, the suspect is read their Miranda rights, ensuring they are aware of their right to remain silent and to an attorney. Following the arrest, the suspect is typically taken to a local police station for booking, where their personal information, fingerprints, and photographs are recorded.

Criminal Case Process

The criminal case process for aggravated robbery involves several critical stages. After arrest and booking, the suspect will appear before a judge for a bond hearing, where bail may be set. If the case proceeds, the next step is the arraignment, where the defendant is formally charged and asked to enter a plea. Pleading not guilty leads to the pre-trial phase, during which both the defense and prosecution gather evidence, file motions, and engage in plea negotiations. If no plea agreement is reached, the case moves to trial. During the trial, both sides present their arguments, call witnesses, and submit evidence. The prosecution must prove the defendant’s guilt beyond a reasonable doubt. If convicted, sentencing follows, where the judge considers factors such as the defendant’s criminal history and the circumstances of the crime to determine the appropriate punishment.

Defending Against Aggravated Robbery Charges

Defending against aggravated robbery charges requires a thorough understanding of the law and meticulous attention to the details of the case. Potential defenses might include challenging the prosecution’s evidence, questioning the credibility of witnesses, and establishing an alibi. In some cases, the defense may argue that the defendant did not actually indicate possession of a weapon or that there was a misunderstanding about the perceived threat. Effective defense strategies aim to cast doubt on the prosecution’s case, potentially leading to reduced charges or acquittal.

The Law Offices of David L. Freidberg

If you or a loved one is facing aggravated robbery charges in Illinois, it is crucial to seek immediate legal assistance. The Law Offices of David L. Freidberg provide skilled representation for those accused of serious crimes. With a proven track record of success, Attorney David Freidberg is dedicated to protecting your rights and fighting for the best possible outcome. Our firm offers a free consultation 24/7 to discuss your case and explore your legal options. Contact us at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients throughout Chicago and Cook County, DuPage County, Will County, and Lake County in Illinois.