Robbery is typically defined as a crime that occurs when someone takes another person’s money or property without their consent and does so through physical force.
This crime could be prosecuted as either a state or a federal offense, depending on where the violations occurred. Nevertheless, regardless of whether jurisdiction charges the case, being found guilty of armed Robbery carries severe consequences if you are found guilty.
Keep in mind that most robbery-related offenses are handled in state courts, as long as the incident took place within the state’s borders.
Federal offenses are typically those that cross state lines, are committed on federal property, are against federal authorities, or include concerns with immigration or customs.
In other words, Robbery becomes a federal crime when it occurs in a specific location or against a particular person.
Armed Robbery is a felony violation in the United States, which means that it carries a longer sentence in federal prison and more severe post-conviction punishments and repercussions.
As previously stated, jail penalties range from one year for stealing less than $1,000 from a bank to twenty years for stealing controlled substances from a Drug Enforcement Administration agent.
When you factor in the use or possession of a dangerous weapon, the sentence length can reach five years or more in some cases.
If you’ve recently been charged with Armed Robbery, you may be feeling apprehensive about the future.
Our aim is that the information on this page from our federal criminal defense attorneys will help you understand the foundations of the law and some examples of applicable defenses so that you will be prepared. You might restore some control over your life.
WHEN DOES ARMED ROBBERY OCCUR?
Using force or intimidation and while carrying a dangerous weapon, a person commits armed Robbery when they take someone else’s property without their agreement or permission.
Although every state has its armed Robbery or aggravated burglary statutes, for armed Robbery to be escalated to the level of a federal felony, the act must have been committed while one or more of the following conditions are met:
the front of crossing state lines
within the boundaries of federal property,
a complaint against federal officers,
when it comes to immigration or customs issues
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Armed Robbery entails several different factors. For a theft charge to be successful, a prosecutor must generally demonstrate that the defendant stole from a victim’s person or presence, used or threatened violence or intimidation, and used a dangerous weapon in addition to the other elements of theft (taking and carrying away another’s a property with the intent to deprive the owner of the property permanently).
Armed Robbery is a criminal offense in Illinois under the state’s laws.
Armed Robbery is the taking of goods from another person using force or the threat of force while in possession of a firearm or other deadly weapon or the threat of use of force. The following are the specific elements of armed Robbery that the prosecution must establish:
A person unlawfully obtained property from another individual.
This was done by a criminal who removed the property from its location.
The individual who took the property meant to deprive the property’s owner of their possession permanently;
A forceful or imminent threat of force was used to complete the taking; and
A firearm or other hazardous weapon was carried by and utilized by the individual who stole the property during the Robbery’s commission.
The factor of employing a weapon does not necessarily imply the discharge of a firearm or physical contact with another lethal weapon. A robbery will be considered committed when the perpetrator carries a gun and only threatens to use the gun, satisfying this requirement. It is undeniable that certain items such as knives, axes, clubs, and other sharp objects qualify as deadly weapons. Still, other items may also be eligible, such as motor vehicles, trained dogs, or even something as seemingly harmless as a cane, depending on the circumstances.
Armed Robbery is classified as a Class X crime, punishable by a 6 to 30 years prison sentence. If the person who commits the Robbery has a firearm rather than another form of lethal weapon, fifteen (15) years might be added to their prison sentence. If the criminal shoots their gun during the commission of the crime, an additional twenty (20) years might be added to their prison sentence.
A twenty-five (25) year extension to the term of natural life may be added to the penalty if the person committing the Robbery discharges a firearm, causing severe bodily harm, disfigurement, disability, or death as a result of the discharge. If you are convicted of Armed Robbery, you might face a final sentence of up to 55 years in the Illinois Department of Corrections.
The circumstances surrounding an armed robbery might vary greatly, from demanding a random person’s wallet or cell phone on the street to robbing a convenience store or threatening an ex-fiancee with a knife while returning the engagement ring, among other possibilities. A person accused of any crime of armed Robbery demands the representation of an experienced criminal defense attorney who will fight tenaciously on the client’s behalf.
Affirming the Accused’s innocence in the face of an Armed Robbery Charge
A person who has been charged with armed Robbery in Chicago may be able to assert the defense of mistaken identity against the charges. The use of force or the threat of imminent force is two factors that contribute to an armed robbery’s conditions. This can cause understandable distress on the side of the robbery victim, and it can also lead to uncertainty about who was responsible for the theft. In many armed robbery instances, challenging a witness’s identification can be an effective defense strategy for the perpetrator.
The prosecutor intends to rely heavily on the police investigation into the armed Robbery to establish the components of armed Robbery. A law enforcement official can compromise a case in a variety of ways. These include overlooking exculpatory evidence, influencing the defendant’s identity, coercing a statement, and otherwise breaching the rights of the accused. The first is referred to as “mistaken identity.” In this defense, your counsel would construct a case to demonstrate that the police had mistakenly detained the wrong individual.
Instead, and more typically, your attorney would seek to demonstrate that there is insufficient evidence to establish that you committed each aspect of the offense.
Did you happen to have a potentially lethal weapon on you? Was the property you were taking away someone else’s property, or was it your property, and you were returning it?
Were you, in fact, the perpetrator of this crime at one of the federal facilities named above? If your attorney can demonstrate that you did not commit the crime, the jury will conclude that the offense cannot be proven beyond a reasonable doubt, and your case will be dropped.
Under federal law, if you are convicted of any robbery offense, you will face harsh punishment, including imprisonment. Consequently, if you are the subject of an investigation or have already been indicted, you should consult with an experienced federal defense attorney. Armed Robbery is a grave offense that can result in significant jail time if the prisoner is not represented by an experienced criminal defense attorney who knows how to investigate the evidence, assess witness testimony, and review law enforcement records.