What is the difference between aggravated robbery and armed robbery

Each case must be examined individually, and each factor analyzed when coming up with an effective defense. Having a veteran robbery attorney John D.

Ioakimidis by your side when facing such serious allegations is vital to preserving your freedom. Ioakimidis, can help you through this very difficult time. He has the knowledge and experience to implement a smart and effective strategy for your case.

For solid advice, call for a free and confidential consultation if you have a case pending in Chicago, Cook County, DuPage County or Lake County.

John D. Ioakimidis Home. Contact John D. Criminal Defense. Robbery, Aggravated Robbery, and Armed Robbery. What is Robbery? What is Aggravated Robbery? What is Armed Robbery? Sometimes, merely exercising control over the item taken will suffice. For instance, intending to take a camera, a thief places his hands on the case that hangs from the victim's shoulder. Although he is stopped before he could move it, in most states, this act would suffice for "control. The person who has taken another's property must have intended at the time to permanently deprive the victim of that property.

Taking something with the intent of using it in a way that creates a high likelihood that it will be permanently lost is sufficient. For example, taking a cell phone with the intent of using it and abandoning it creates a substantial risk that it will never be returned.

Taking someone's property is robbery if any force is used to obtain it. Pushing someone down, hitting someone, wresting something from the victim's grasp are all examples of violence. There need not be a lot of force—a light shove or the snapping of a purse strap will do. Robbery can also be accomplished by intimidating someone—placing someone in fear. But in some states, that fear must be reasonable—the response of any ordinary person in the position of the victim. Other states will count a victim's unreasonable response the response of someone unusually susceptible to threats , as long as it was triggered by the defendant's actions.

Traditionally, the threat needed to be one of serious injury or death, or the destruction of the victim's home; and the threat needed to be of imminent harm.

For example, threatening to do harm to the victim's family member many months hence is not imminent enough to qualify as a threat. As explained above, "armed robbery" is usually charged as an aggravated robbery, which requires the use of a deadly or dangerous weapon.

There's little debate whether a functioning firearm qualifies as a deadly or dangerous weapon. But other objects can qualify, as long as they are inherently deadly, or if not, used in a manner that causes or is likely to cause serious physical injury or death. Many debates surround items like stationary objects, canes, animals, parts of the human body, and vehicles.

The final element of armed robbery involves using the deadly or dangerous weapon. A defendant clearly does so when he hits the victim or fires a gun, but he also does so when he exhibits or carries the weapon and threatens to use it. Learn about Assault with a Deadly Weapon. Those who are charged with armed robbery always have available the defense of "mistaken identity"—that a robbery may have occurred, but the defendant didn't do it. Some states may allow a claim by the defendant that he was taking only what was his.

Chicago-based attorney David L. Freidberg has defended the rights, interests, and freedom of clients charged with criminal offenses for more than seventeen 17 years. Freidberg is committed to providing the best defense possible to each and every client whom he represents.

It is important to understand all of the circumstances that led to the charges being filed. This is why Mr. Freidberg works with talented investigators who know how to examine existing evidence and discover new information and witnesses. In addition, Mr. Freidberg has a team of criminal defense attorneys who will work with his clients to mount an effective defense. Freidberg understands when a client may want to accept a negotiated plea, but he always is prepared to go into court and pursue the case to a verdict.

Through a focused defense strategy, Mr. Freidberg has been able to get reduced sentences, including probation, and even the complete dismissal of charges. The charge of aggravated robbery is more serious than a charge of robbery. It involves the taking of property from another, carrying it away, having actual intent to deprive the person of the use of the item, and with the use of force or the threat of the imminent use of force.

Up until this point in the charging elements, it is the same as a charge of robbery. However, aggravated robbery involves the additional element of leading the victim of the crime to believe that, at the time of the taking, the perpetrator is in possession of a firearm or other deadly weapon, even if this is not true. Another scenario that may lead to a charge of aggravated robbery is to satisfy all the elements of robbery and then add the element of delivering a controlled substance to the victim of the robbery, without consent, via injection, ingestion, or forced inhalation.

This crime does not need to include making the victim believe that the perpetrator has a weapon. Aggravated robbery cases can be difficult to defend. The case is built upon the victim believing that a weapon was present at the time of the taking. The accused does not have to have used an actual weapon. However, it is possible to challenge the elements, specifically disputing that:.

Another defense that may be presented is that of mistaken identity.