Blog Home Illinois Robbery vs. Burglary Charges: Understanding the Legal Differences and Penalties
While robbery and burglary are sometimes mentioned together, they are distinct offenses under Illinois law, each carrying serious criminal penalties and long-term consequences. Both involve property or theft-related conduct, but the key difference lies in how and where the crime occurs. However, both are felony offenses that can result in years in prison, substantial fines, and a permanent criminal record. At the Law Offices of Andrew Weisberg, our Chicago Illinois defense lawyers can represent you if you are facing robbery and burglary charges.
Read on to learn how Illinois law differentiates robbery from burglary and what penalties apply to each so you can make informed decisions.
The Legal Differences and Penalties: Robbery vs. Burglary
Although robbery and burglary are sometimes discussed together, Illinois law treats them as separate crimes with distinct legal elements, victims, and penalties. The difference largely depends on whether the offense involves direct confrontation with a person or unlawful entry into a property.
Robbery in Illinois
Under 720 ILCS 5/18-1, robbery occurs when a person knowingly takes property from another by using force or threatening the use of force. The defining feature of robbery is personal confrontation, as it involves direct interaction with a victim, which makes it a violent offense under Illinois law.
- Penalties: Robbery is a Class 2 felony, carrying 3 to 7 years in prison and fines of up to $25,000. However, if the victim is 60 years or older, disabled, or if the offense occurs in a school, daycare, or place of worship, the charge increases to a Class 1 felony, with a potential imprisonment of 4 to 15 years.
- Armed Robbery: If the offender is armed with a dangerous weapon, firearm, or other device capable of causing serious harm, the charge escalates to armed robbery (720 ILCS 5/18-2), a Class X felony, with 6 to 30 years in prison or more, depending on the weapon used.
Burglary in Illinois
In contrast, burglary under 720 ILCS 5/19-1 involves entering or remaining in a building, vehicle, trailer, or structure without authority and aiming to commit a felony or theft inside. Burglary does not require a victim to be present or any use of force. The act of unlawful entry, combined with criminal intent, is enough for a burglary charge.
- Penalties: Most burglaries are classified as Class 2 felonies, punishable by 3 to 7 years in prison and up to $25,000 in fines. If the burglary occurs in a residential dwelling, it becomes a residential burglary, a Class 1 felony, which carries a sentence of 4 to 15 years in prison.
- Aggravated Burglary: If the offender causes injury or possesses a weapon during the offense, the charge may be elevated, resulting in more severe sentencing.
The key distinction lies in the nature of the act. Robbery is a theft-related offense committed directly by a person through force or intimidation. On the other side, burglary involves entering a property with criminal intent, regardless of whether anything was taken or anyone was harmed.
Basically, robbery targets people while burglary targets places. An attorney can explain these differences, potential defense strategies, sentencing guidelines, and plea options associated with the two offenses.
Defending Against Robbery and Burglary Charges in Illinois
Facing a robbery or burglary charge in Illinois can be intimidating, especially because both are classified as felony offenses. A conviction can result in years in prison, huge fines, and a criminal record that impacts employment, housing, and civil rights. However, with a well-prepared defense, it is possible to challenge the prosecution’s evidence and protect your future. Common defenses to robbery charges include:
- Mistaken identity
- Lack of force or threat
- False accusations
- Lack of intent
On the other side, burglary cases hinge on entry and intent, and the defense may focus on showing that one or both elements were not present.
- No Intent to commit a crime
- Permission or lawful entry
- Insufficient evidence
- Constitutional violations
A strategic defense focuses on dismantling the prosecution’s case piece by piece. An Illinois defense attorney can question witness credibility, challenge evidence handling, and expose inconsistencies in police reports.
Facing Robbery or Burglary Charges? Call a Skilled Chicago Defense Attorney
Robbery and burglary charges in Illinois may involve serious felony allegations. It is important to work with a defense attorney to ensure that your rights are upheld and that the prosecution is held to its burden of proof. The Law Offices of Andrew Weisberg stands ready to represent you in your property and violent crimes charges. If you or someone you know is facing robbery or burglary charges in Illinois, call us at 773-908-9811 or contact us online today for a confidential case evaluation.
