At Edward Johnson & Associates, we fight every day for people accused of theft-related crimes across Chicago and the surrounding Chicagoland area. Many of our clients come to us confused about what separates theft, burglary, and robbery. Each charge carries distinct penalties and requires a different defense strategy. Understanding the differences is critical because prosecutors often overcharge, hoping to push defendants into plea deals out of fear. We refuse to let that happen. Our job is to attack the state’s case, expose weaknesses, and protect your freedom.
Understanding Theft Under Illinois Law
Theft is defined under 720 ILCS 5/16-1 as knowingly obtaining or exerting unauthorized control over another person’s property with the intent to permanently deprive them of it. This includes shoplifting, embezzlement, and even keeping property mistakenly delivered to you.
The penalties depend on the value of the property and where the alleged theft occurred. For example:
- Property under $500 is usually a misdemeanor.
- Property valued at $500 or more, or theft from a person, can elevate the charge to a felony.
- Theft from a school, government agency, or religious organization also increases the penalties.
As defense attorneys, we focus on intent and consent. If we can show that you lacked intent to permanently keep the property, or that you reasonably believed you had permission to take it, we can weaken the prosecution’s argument and push for dismissal or reduction of charges.
What Makes Burglary Different
Burglary, under 720 ILCS 5/19-1, involves entering or remaining within a building, vehicle, or structure without authority with the intent to commit a theft or felony inside. The crime is complete the moment someone unlawfully enters with criminal intent, even if nothing is stolen.
Key differences between theft and burglary include:
- Theft focuses on taking property.
- Burglary focuses on unlawful entry with the intent to commit a crime.
A typical example is breaking into a car or business with the intent to steal. Burglary is a Class 2 felony in Illinois, carrying a potential prison term of 3 to 7 years. Aggravating factors, such as entering a residence or using a weapon, can elevate it further.
In defending burglary charges, we often challenge the prosecution’s claim of intent. If there is no clear proof that you entered intending to commit a crime, the state’s case can fall apart. We also scrutinize how evidence was obtained. An illegal search or unlawful arrest can make crucial evidence inadmissible.
Robbery: When Force Changes The Charge
Robbery is the most serious of the three offenses because it involves the use of force or a threat. Under 720 ILCS 5/18-1, robbery occurs when a person takes property from another by the use of force or by threatening the imminent use of force.
If a weapon is involved, the charge becomes armed robbery under 720 ILCS 5/18-2, which is a Class X felony. A conviction can result in decades in prison. The presence of a firearm increases the sentence even further.
In robbery cases, prosecutors must prove that force or intimidation was used. Our approach is to challenge that element. Was the encounter truly violent, or was it a misunderstanding? Was there real fear, or is the accusation exaggerated? We break down witness testimony, question inconsistencies, and use every fact to undermine the state’s theory.
Fighting The State’s Case
At Edward Johnson & Associates, we are known for being both strategic and relentless. In the courtroom, we fight hard and hold the prosecution to its burden of proof. During negotiations, we are calculated and persuasive, knowing when to apply pressure and when to leverage opportunities for favorable resolutions.
Our team studies every piece of evidence, challenges unlawful police procedures, and forces the state to justify its charges. Whether the case calls for an aggressive trial defense or a smart negotiation, we act in your best interest at every step. Our clients know we don’t back down, and prosecutors know we mean business.
Theft And Burglary Frequently Asked Questions
What Is The Main Difference Between Theft, Burglary, And Robbery?
Theft involves taking property without consent. Burglary involves entering a place without permission to commit a crime. Robbery involves taking property through force or threat. The presence of violence or entry elevates the severity of the offense.
Can I Be Charged With Burglary If Nothing Was Stolen?
Yes. Under Illinois law, burglary focuses on the intent to commit a crime inside the property, not whether you actually stole something. If the prosecution cannot prove intent, that element can be attacked to reduce or dismiss the charge.
What Are The Penalties For Robbery In Illinois?
Robbery is a Class 2 felony, punishable by three to seven years in prison. Armed robbery with a dangerous weapon or firearm is a Class X felony and carries significantly longer prison terms, often ten years or more, depending on the weapon and circumstances.
Is Theft Always A Felony In Illinois?
No. Theft can be a misdemeanor or a felony, depending on the value of the property and where it was taken. Property valued at $500 or less is generally a misdemeanor, but theft of government or school property, or of higher-value property, can quickly become a felony.
Can A First-Time Offender Avoid Jail Time For Theft Or Burglary?
Yes, depending on the facts. First-time offenders may be eligible for probation, diversion programs, or reduced charges. Strong defense strategies, early negotiation, and a clear presentation of mitigating circumstances can make a major difference in the outcome.
What Defenses Can Be Used Against Robbery Or Theft Charges?
Defenses include lack of intent, mistaken identity, false accusations, or unlawful police conduct. In robbery cases, challenging the alleged use of force or intimidation can also be key. Every defense depends on the evidence, and we adapt our approach to the specific facts of the case.
Do I Need A Lawyer If I Plan To Plead Guilty?
Absolutely. Even if you intend to plead guilty, an attorney can often negotiate a better deal, minimize penalties, or explore options to keep the conviction off your record. Without a lawyer, you risk harsher sentencing and long-term consequences.
Call Edward Johnson & Associates For A Relentless Defense
If you are facing theft, burglary, or robbery charges in Illinois, you need attorneys who fight to win. At Edward Johnson & Associates, we bring the skill, aggression, and strategy needed to protect your freedom and reputation. We do not fold under pressure—we fight smart and fight hard.
Contact our Chicago theft lawyer at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our offices are located in Chicago, Illinois, and we proudly serve clients throughout Chicagoland. When your future is on the line, we are ready to stand in your corner and go to battle for you.