Robbery and Burglary Defense Lawyer Illinois
Robbery and Burglary Defense Lawyer in Illinois. Being convicted of a robbery or burglary in Illinois can potentially carry lengthy prison sentences and hefty fines and can significantly disrupt your life. A criminal conviction can follow you for years, and employers, landlords, and universities can all gain access to your record. At Drummond Law, our robbery and burglary defense lawyer team believes that everyone has a right to a fair trial and the highest level of legal representation. We have been passionately defending our clients in Southern Illinois and throughout the Midwest since 1976. In order to make the most of a bad situation, whether that means avoiding a false charge or minimizing the punishment for your conviction, call a robbery and burglary defense lawyer of Drummond Law today at 217-388-1103 or contact us online.
Differences Between Burglary and Robbery Charges in Illinois
Burglary Defense Lawyer in Illinois
According to 720 ILCS 5/19-1, someone commits burglary when, “without authority,” they enter or remain in any type of building or vehicle with the intent of stealing something or committing a felony. Depending on the specifics of your case, you may be charged with:
- A class 3 felony if the burglary does not cause damage to the vehicle or building. In Illinois, the penalty for a class 3 felony is 2-5 years in prison, or 5-10 years for an extended term. Alternative sentencing could include up to 30 months of probation or conditional discharge. If it is your first criminal conviction and you are under the age of 35, you may also be sent toimpact incarceration.
- A class 2 felony if the burglary results in damage to the property unlawfully entered. The penalty for a class 2 felony is 3 to 7 years in prison, or 7 to 14 years for an extended term. Alternative sentencing options are periodic imprisonment, probation, conditional discharge, or impact incarceration.
- A class 1 felony if the burglary was committed in a school, place of worship or day care, unless the day care is operated in a home. The penalties for a class 2 felony are a prison term between 4 and 15 years, or 15 to 30 years for an extended term. Alternative punishments are periodic imprisonment between 3 and 4 years, impact incarceration, or probation or conditional discharge of up to 4 years.
All felony convictions in Illinois carry a possible fine of up to $25,000. While we do everything possible to avoid a conviction, a qualified and accomplished burglary defense lawyer like those at Drummond Law can usually minimize the sentencing and avoid jail time if a conviction is attained.
Possession of Burglary Tools Defense Lawyer in Illinois
Even if you have not committed burglary, you can still be charged with “possession of burglary tools” under 720 ILCS 5/19-2 if you are found with any “key, tool, instrument, device, or any explosive” that can be used to break into a building. A “fact finder,” such as a judge or jury, may infer from the possession that you intended to commit a burglary, but a police officer may not.
Possession of burglary tools is a class 4 felony, which, when convicted, potentially carries with it:
- A prison term of 1 to 3 years
- An extended prison term of 3 to 6 years
- Periodic imprisonment of up to 18 months
- Impact incarceration
- Probation or conditional discharge of up to 30 months
- A fine of up to $25,000
Robbery Defense Lawyer in Illinois
Robbery is a more serious charge than burglary as it includes the use or threat of violence. Under 720 ILCS 5/18, a person commits a robbery when they knowingly steal property — other than a motor vehicle — using force or the implication of force. The charge becomes aggravated robbery if one of two conditions are met:
- They indicate “verbally of by his or her actions” that they are in possession of a gun or other dangerous weapons, such as a knife, club, ax, or bludgeon. It still counts as aggravated robbery even if the person did not actually have a weapon on them at the time.
- If you knowingly take property by delivering a controlled substance to a person without his or her consent or through deception.
Robbery and aggravated robbery are class 2 felonies with the same penalties as burglary. Like burglary, a robbery committed in a school, house of worship or daycare becomes a class 1 felony.
Armed Robbery Defense Lawyer in Illinois
Armed robbery is the most serious robbery charge and applies when the person who committed the offense:
- Carries a dangerous weapon that is not a firearm: This is a class X felony, which carries a prison sentence of between 6 and 30 years, or between 30 and 60 years for an extended term, and fines of up to $25,000. Unlike class 1, 2, or 3 felonies, alternative sentences are not available.
- Carries or is armed with a firearm: This is a class X felony with 15 years being added to the end of the prison sentence imposed by the court.
- Discharges a firearm during the robbery: 20 years will be added to the end of the sentence.
- Discharges a firearm that is the proximate cause of another person’s bodily harm, disability or disfigurement, or death: The court can add anywhere from 25 years to a life sentence.
Obviously, the punishments for robbery in Illinois are severe. Your Drummond Law robbery defense lawyer will fight against the justice system when we have to, and work within it to get you the lowest possible sentence when you determine that is your best option.
How An Illinois Robbery and Burglary Defense Lawyer Can Help
There are many important factors in robbery and burglary cases, and your Drummond Law burglary and robbery defense lawyer will aggressively challenge each one. Often, the only people involved in a robbery are the accuser and the accused, and there may be holes in the statements. In order to challenge the accusations, your burglary and robbery defense lawyer will:
- Question the accuracy and reliability of witnesses
- Work to prevent certain evidence from being introduced
- Ascertain if your Miranda Rights guaranteed by the Fifth Amendment were violated
- Ascertain if evidence was collected through unlawful search and seizures
- Otherwise argue the unreliability of evidence, such as through sloppy police work
- Establish if there was police misconduct
While burglary and robbery cases are aggressively prosecuted, the state must still ensure that your rights are not violated, and police are required to follow specific guidelines while investigating a case and collecting evidence. If the state or police made any procedural errors, your Drummond Law Illinois robbery and burglary defense lawyer will find out and ensure you rights remain intact.
If the evidence is overwhelming and no rights were violated, we may advise that it’s best to plead guilty in order to secure a less severe punishment and avoid jail time. Either way, we will thoroughly investigate your case, help you understand the law and consequences, and give you all the information you need to make the best decision for yourself.
Robbery and Burglary Defense Lawyer Illinois | Drummond Law
Being charged with burglary or robbery is not a determinant of your character. It may seem like the world is against you now, but with the help of an experienced, knowledgeable and dedicated Illinois robbery and burglary defense lawyer, you will be able to alleviate the pressure and consequences of this trying time. If you are facing robbery or burglary charges, call a robbery and burglary defense lawyer of Drummond Law today at 217-388-1103 or contact us online.