Theft, robbery, and burglary are distinct crimes under Illinois law, each carrying different penalties and legal implications. Understanding how these charges differ is essential if you’re facing criminal allegations. Whether your case involves a misdemeanor or a felony, a Chicago criminal defense lawyer can help you navigate the legal process and work toward the best possible outcome.
Understanding the Differences Between Theft, Robbery, and Burglary in Illinois Law
This guide explains the following:
- What theft means under Illinois law
- How robbery differs from theft
- What constitutes burglary in Illinois
- Penalties for theft, robbery, and burglary
- How a Chicago criminal defense lawyer can assist
Here’s a closer look at each.
What Theft Means Under Illinois Law
Theft occurs when someone knowingly takes another person’s property without permission, intending to permanently deprive the owner of it. Illinois law categorizes theft based on the value of the stolen property and the circumstances of the crime.
For example, stealing property worth less than $500 is typically charged as a misdemeanor, while theft involving higher-value items or aggravating factors—such as theft from a person or the use of a weapon—can result in felony charges.
How Robbery Differs From Theft
Robbery involves taking property directly from another person using force or the threat of force. Unlike theft, which can occur without the victim being present, robbery always involves a confrontation.
Aggravated robbery, which includes the use or implied use of a weapon, carries more severe penalties than simple robbery. Because of the violent nature of robbery, it is usually charged as a felony in Illinois.
What Constitutes Burglary in Illinois
Burglary occurs when someone unlawfully enters a building, vehicle, or structure with the intent to commit a crime inside, such as theft or vandalism. The act of breaking in or remaining in a property without permission distinguishes burglary from theft or robbery.
Residential burglary, which involves entering someone’s home, carries harsher penalties than non-residential burglary. These charges are typically felonies and can result in significant prison time if convicted.
Penalties for Theft, Robbery, and Burglary
The penalties for theft, robbery, and burglary vary based on the specific charges and circumstances of the crime:
- Theft: Penalties range from fines and probation for misdemeanor cases to years in prison for felony theft.
- Robbery: A standard robbery conviction can lead to prison sentences of up to 7 years, while aggravated robbery can carry even longer sentences.
- Burglary: Depending on the type of burglary, penalties can include several years in prison and steep fines, especially for residential burglary convictions.
In all cases, a conviction can leave you with a permanent criminal record, affecting employment, housing, and other aspects of your life.
How a Chicago Criminal Defense Lawyer Can Assist
A Chicago criminal defense lawyer can evaluate the specifics of your case, explain your legal options, and build a defense strategy tailored to your circumstances. They can negotiate with prosecutors to reduce charges, argue for alternative sentencing, or challenge evidence in court.
Having an attorney ensures you have someone advocating for your best interests and working to minimize the impact of these charges on your future.
FAQ About Theft, Robbery, and Burglary
Check out these commonly asked questions about theft, robbery, and burglary. If you don’t see your question here, please call our office and we’ll find you the answers you need.
What Is the Main Difference Between Theft and Robbery?
Theft involves taking property without the owner’s knowledge, while robbery involves taking property directly from a person using force or threats.
Can Burglary Occur Without Stealing Anything?
Yes. Burglary only requires unlawful entry with the intent to commit a crime inside. The crime does not need to be completed for burglary charges to apply.
What Are the Penalties for Residential Burglary in Illinois?
Residential burglary is a Class 1 felony in Illinois, carrying penalties of 4 to 15 years in prison and significant fines.
Can I Face Multiple Charges for the Same Incident?
Yes. For example, if you unlawfully enter a building (burglary) and steal property inside (theft), you could face both burglary and theft charges.
How Can a Lawyer Help With Theft, Robbery, or Burglary Charges?
A lawyer can evaluate your case, explore potential defenses, and negotiate with prosecutors to reduce or dismiss charges. They can also represent you in court to protect your rights.
Understanding the differences between theft, robbery, and burglary is essential if you’re facing criminal charges. Whether you’ve been charged with a misdemeanor or a felony, Illinois law treats these offenses seriously. A Chicago criminal defense lawyer can guide you through the legal process and fight for the best possible outcome.
Do You Need to Talk to an Attorney?
If you’ve been accused of a crime, we may be able to help you – and don’t worry: It’s completely confidential. Call us at 847-920-4540 or fill out the form below to schedule your free, private consultation with an experienced and skilled Chicago criminal defense attorney now.
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