An Illinois theft charge can be either a misdemeanor or felony depending on the value of the item allegedly stolen, as well as how the item was stolen. Generally, property not stolen directly from another person carries a lesser sentence than property directly stolen from another person. Shoplifting charges in Illinois are prosecuted under the Illinois theft law. If you have been arrested for a theft in Illinois contact Illinois criminal lawyer Brian Roberts for a confidential case review.
Defenses to an Illinois theft charge include mistake of fact, mistake of law, consent by the property owner, and others. What defense is the best in your case requires a careful review of the investigation and other police reports, as well as an investigation into the facts and circumstances surrounding the alleged theft.
Shoplifting charges are probably the most common type of Illinois theft charge, but there are many other forms of theft in Illinois as well. You can be charged with an Illinois theft charge if you do any of the following:
1. Exert control over the property of someone else without their authorization;
2. Obtain someone else’s property by deception;
3. Obtain property that you know was stolen, or under circumstances that you should reasonably know the property was stolen;
4. Exert control over stolen property in the custody of the police.
AND, through any of the means above you also
5. Intend to permanently deprive the property owner of the use or benefit of the property;
6. Knowingly use, conceal or abandon the property in a way to permanently deprive the owner of the use or benefit of the property;
7. Use, conceal, or abandon the property knowing that such use, concealment, or abandonment will probably permanently deprive the owner of the use or benefit of the property.
Theft NOT from a person typically carries a lighter sentence than theft from a person or from the government or place of worship. If the value of the item stolen not from a person is valued at $300 or less the maximum sentence is one year in jail and fines up to $2,500. If the value of the item stolen exceeds $300 or you have a previous conviction for certain theft related crimes the charge is a felony which can carry a prison sentence. We can explain your charges and the range of punishment to you when after we reading the charges against you.
An Illinois theft charge is a serious matter that requires an experienced Illinois criminal defense attorney to sort through both the legal and factual defenses. Contact Carbondale, IL criminal defense lawyer Brian Roberts right now for a confidential case evaluation.