What is the difference between theft, robbery and burglary?

Posted on: 14th November 2010

Theft in Illinois is defined as obtaining or exerting control over another person’s property without that person’s permission. It is considered theft to take the property through the use of threat or deceit, or to obtain property you know to be stolen or can be reasonably expected to believe to be stolen. Theft is distinguished from retail theft, or shoplifting in that the property is taken from another person; shoplifting involves property taken from a retail establishment.

Robbery in Illinois is defined as taking property from another person or place through the use of force or by threatening the imminent use of force. The distinguishing factor between robbery and theft under Illinois law is whether force was used during the commission of the alleged crime.

Aggravated robbery occurs if a weapon is used during the commission of a robbery and armed robbery occurs when an individual forcibly takes or attempts to take property through the use of a deadly weapon. A deadly weapon, although typically thought of as a firearm, is anything that can be used to maim or kill another person.

Burglary, although frequently associated with theft, does not have to involve the act of taking or attempting to take property. Burglary is a crime of breaking and entering; an individual may be charged with burglary in Illinois for entering another individual’s property with the intent to commit a felony. The property involved may be any building, house trailer, watercraft, aircraft, motor vehicle or railroad car.

A conviction on theft, robbery or burglary charges can carry serious consequences. If you have been arrested for theft, robbery or burglary, it is crucial to enlist the services of a skilled criminal defense attorney to help ensure a positive outcome for your case.

Posted in: Burglary, Robbery, Theft and Retail Theft

An Illinois Theft Crime Conviction Can Have Serious Consequences

Posted on: 18th September 2010

Under Illinois law, a theft charge my fall under several classifications, from misdemeanor to Class 1 felony. The amount of property stolen does not have to be substantial in order for the accused to face fines and jail time. The classifications and penalties for an Illinois theft charge are as follows:

Classification: Class A Misdemeanor
Theft is a Class A misdemeanor if the theft of the property is not directly from the person and the value of the property in question is $300 or less. Class A misdemeanors are punishable by fines of up to $2500 and up to 1 year in jail.

Classification: Class 3 Felony
Theft is a Class 3 felony if the theft of the property is directly from the person and value of the property in question the value of the property in question is less than $300. It is also a Class 3 felony if the theft involved property worth more than $300 but less than $10,000. Class 3 felonies are punishable by fines of up to $25,000 and up to 5 years in jail.

Classification: Class 2 Felony:
Theft of property exceeding $10,000 but not $100,000 in value is a Class 2 felony. Class 2 felonies are punishable by fines of up to $25,000 and up to 7 years in jail.
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Posted in: Criminal Law, Theft and Retail Theft

Illinois DUI Penalties

Posted on: 28th July 2010

The consequences of being arrested for DUI vary based on several factors, including the driver’s age, the results of blood alcohol testing (or the refusal to submit to blood alcohol testing), prior offenses and the circumstances of the traffic stop.

The state of Illinois does have guidelines for DUI penalties based on the number of prior DUI convictions in any individual’s case. Those penalties are as follows:

First conviction

  • loss of license for a minimum of 1 year
  • fines of up to $2,500
  • a jail sentence of up to one year

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Posted in: Criminal Law, DUI
Chicago criminal defense attorney, Jeffry Mandell offers high quality legal representation in US Federal Court and Illinois State Courts.
Serving the Greater Chicago area and Illinois including the counties of Cook, Dupage, Kane, Lake, McHenry and Will.

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