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did this happen in Illinois? Is a first felony?
thank you for that information. the robbery is a class 2 felony - see law below. the class 2 carries 3 to 7 years.
Sec. 18-1. Robbery. (a) A person commits robbery when he or she takes property, except a motor vehicle covered by Section 18-3 or 18-4, from the person or presence of another by the use of force or by threatening the imminent use of force.
(b) Sentence. Robbery is a Class 2 felony. However, if the victim is 60 years of age or over or is a physically handicapped person, or if the robbery is committed in a school, day care center, day care home, group day care home, or part day child care facility, or place of worship, robbery is a Class 1 felony.
(c) Regarding penalties prescribed in subsection (b) for violations committed in a day care center, day care home, group day care home, or part day child care facility, the time of day, time of year, and whether children under 18 years of age were present in the day care center, day care home, group day care home, or part day child care facility are irrelevant.
there is only the distinction made between someone aged 60 or older and the location of where this happened. the law does not separate the age of a victim beyond that. so the penaly is anywhere from 3 to 7 years. unless the child was in a daycare and then it becomes a class 1 felony. but as it stands, it is a class 2 with 3 to 7 years
my research does not reveal a 13 year sentence. if for some reason they were able to charge it as a class 1 that is a not less than 4 and not more than 15 - but as it stands, it appears to be a class 2 with the penalty as i stated. however, if he has a probation or parole that was violated by committing this crime, there could be time tagged on for that.
then it should be a class 2 felony - unless the child was in a day care, as the law states. and that penalty is 3 to 7 years.
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