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Common robbery defenses

On Behalf of | Jul 2, 2019 | Robberies |

Receiving a conviction for robbery in Illinois can have severe consequences for the defendant. All forms of robbery are felonies according to the Illinois criminal code. Whether someone faces charges for “plain” or “armed” robbery, he or she is looking at potentially thousands of dollars in fines and multiple years in prison. 

But not all robbery cases end with a prosecution. If the defendant can successfully challenge the charges, the case may end in an acquittal or lesser charge. Here are some common ways to defend against robbery charges. 

Innocence

It may be possible for someone facing robbery charges to offer evidence that undercuts the prosecutor’s argument. The prosecutor must be able to prove guilt beyond a reasonable doubt. The defendant may be able to challenge evidence, such as security camera footage or eyewitness identities. Additionally, the defendant may have an alibi for being at a different place at the time of the incident. 

Duress

Not everyone who commits a crime does so willingly. Sometimes, those who the government believes to be guilty are not the ones ultimately responsible for the crime. The defendant may be able to argue that the only reason for committing the offense is because of a threat of injury or death. 

Involuntary intoxication

Drunkenness and impairment out of the defendant’s control during criminal behavior may be a viable defense. In this circumstance, the defendant must prove that he or she was not willingly intoxicated. 

Entrapment

When someone pushes another person into committing robbery, there may be a claim of entrapment. This means that the defendant argues that he or she would otherwise not have committed robbery. 

No force or threat of force

A robbery conviction requires proof of a force or threat of force. There may be insufficient evidence of this. If the defendant is able to argue this, the charges may be reduced to a lesser form of theft. 

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Facing: 365 days in jail, loss of legal residence
Result: All charges but battery dropped, one year expungeable supervision
Accusation: Attempt First Degree Murder
Facing: 365 days in jail, loss of legal residence
Result: All charges but battery dropped, one year expungeable supervision
Accusation: Attempt First Degree Murder
Facing: 30 years in prison at 85%
Result: All charges but battery dropped, one year expungeable supervision
Accusation: Attempt First Degree Murder
Facing: 30 years in prison at 85%
Result: Post-conviction petition granted
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