Understanding the Differences Between Burglary and Robbery in Illinois

 Posted on July 15, 2026 in Criminal Defense

When people hear the words burglary and robbery, they may think they are the same crime. Although similar in nature, there are differences that make them separate in terms of penalties. Whether or not a weapon was involved in committing the act also factors into the legal consequences. Burglary is when a person illegally enters a building in order to commit a crime while inside. Robbery involves taking money or property from a person without permission by force or intimidation with the intent to keep the property permanently.

In Illinois, both burglary and robbery convictions are serious crimes and can result in significant prison time in addition to steep fines. If you have been accused of either crime, our Joliet, IL criminal defense attorneys at McNamara Phelan McSteen, LLC can represent you in court. As a mid-size, aggressive law firm, our lawyers bring over 150 years of combined experience, with a history of successful case results for different charges.

What Are the Penalties for Burglary in Illinois?

In most cases, burglary is considered a felony. Illinois laws determine burglary penalties based on certain factors such as:

• The type of crime the offender intended to commit inside the building
• If the perpetrator was armed with a weapon
• The type of building involved
• If the building was occupied at the time

The penalties for a burglary conviction depend on the felony class. Typically, burglary is a Class 2 felony in Illinois, which may result in a prison sentence of three to seven years. In some situations, burglary can be charged as a Class 1 felony, which can result in four to 15 years in prison.

For felonies that are Class 2 or Class 1, the state may increase the sentence if the defendant has prior convictions for Class 2 felonies or higher. A sentence can also include a fine of up to $25,000.

How Is Robbery Punished in Illinois?

The majority of the time, robbery is also a felony. A robbery conviction can result in extended prison time and stiffer fines, especially if the crime involves a weapon. Under Illinois law, a basic robbery conviction is a Class 2 felony, which carries a possible prison sentence of three to seven years.

Aggravated robbery is when the offender indicates to the victim that he or she has a dangerous weapon while committing the crime. Aggravated robbery is a Class 1 felony, punishable by a sentence of four to 15 years in prison.  

Armed robbery is committed if the perpetrator has a gun or any dangerous weapon while committing the act. This is a Class X felony, resulting in a mandatory prison sentence of six to 30 years if convicted.

What Defenses Can You Raise in a Burglary Charge in 2026?

The most basic burglary defense is that of actual innocence. This defense involves proving to the court that the defendant did not commit the acts in question. The prosecution must prove a defendant’s guilt beyond a reasonable doubt.

In order to overcome a burglary charge, the defendant must show there is some doubt as to whether the prosecution’s evidence shows that he or she committed the crime. This can be done by having an alibi or discrediting forensic evidence. Some common arguments raised in burglary cases include:

• Defendant had permission to enter the property
• Lack of intent to commit a crime
• Entrapment by law enforcement

A defendant can argue that he or she had prior consent of the owner of the property to enter, and therefore he or she was authorized to enter the building. Since burglary also involves the actual intent to commit a crime once inside a structure, an attorney can often argue that part of the crime doesn’t exist.

Lastly, the defendant could say that someone entrapped or forced him or her to commit the crime when he or she otherwise would not have. Entrapment is difficult to prove, but it can work as a defense if there is sufficient evidence.

How Can You Fight a Robbery Charge?

As a violent crime, charges of robbery are taken seriously by prosecutors and warrant a strong defense strategy. A skilled defense attorney can examine the evidence for weaknesses that raise doubt about what actually happened. Common defense strategies include:

• Challenging the identification made by witnesses or victims;
• Arguing that the accused person lacked the intent required for the charge;
• Presenting an alibi supported by evidence or testimony;
• Showing that evidence was obtained through an unlawful search or seizure; or
• Demonstrating that the accused person acted under duress.

Every case is different, and the right defense strategy should be tailored to your situation. A thorough review of police reports, surveillance footage, and witness statements can reveal weaknesses in the prosecution's case.

Can You Get Pretrial Release for a Robbery or Burglary Charge in Illinois?

Illinois law classifies robbery and certain forms of burglary as forcible felonies (725 ILCS 5/110-6.1). This classification is important because it affects whether a person can be released while their case moves through the court system.

Under Illinois law, a judge may deny pretrial release for a forcible felony if the state proves that the accused person poses a real threat to a specific person or the community, or presents a flight risk. This decision is not automatic. The judge must hold a hearing and weigh the evidence before deciding whether detention is necessary or whether conditions of release can address any safety concerns. Our criminal defense attorneys can represent you in a pretrial hearing and advocate for your rights.

Contact Our Joliet, IL Criminal Defense Attorneys

Burglary and robbery are similar crimes, but they result in different penalties. If you or someone you know is facing any of these serious criminal charges, you need legal advice to plan the best possible defense. The diligent lawyers at McNamara Phelan McSteen, LLC have experience in both burglary and robbery defense cases. Call a skilled Will County, IL burglary defense lawyer today at 815-727-0100 to schedule a free consultation.