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The fact pattern that you described does not mention a weapon. Without knowing more facts, it is impossible to answer how your boyfriend's case may be resolved. He may go to trial, by bench or jury, and be found not guilty or guilty. He may plead. He may have a triable pre-trial motion. Only consultation with an experienced defense attorney will give you the information that is needed to determine strategies on how to handle the case.
Robbery is generally a Class 2 felony but can be enhanced under certain circumstances.Under 720 ILCS 5/18-2, the penalties are proscribed for armed robbery. Armed robbery with a dangerous weapon other than a firearm is sentenced as a Class X felony. Class X felonies are not probationable. A violation of the armed robbery statute where a person is armed with a firearm is a Class X felony where an extra sentence of 15 years shall be added to the sentence. If a person personally discharges the firearm during the armed robbery, it is a Class X offense where an additional 20 years shall be added to the sentence. If during the course of the armed robbery, someone personally discharges a firearm that causes great bodily harm, permanent disability, permanent disfigurement or death, it is a Class X felony for which 25 years or up to natural life shall be added to the sentence.
If your boyfriend is charged with robbery, he may be eligible for probation, periodic imprisonment or other sentences short of the 3-7 years in the penitentiary for a Class 2 felony. If he has been convicted of a Class 2 felony on a prior occasion, once again, the penalties may be enhanced.
The question is too complicated to be answered on the internet. Your boyfriend should obtain an experienced criminal defense attorney who can best advise him after learning his background and reviewing the evidence against him.
Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601