Peoria Theft Crimes Lawyer

Experienced Litigation Against Theft Charges in Illinois

According to the Illinois Compiled Statutes 720 ILCS 5/16-1, theft can occur anytime someone takes another person's property without their consent using deception, force, or threat. These charges can lead to steep penalties including fines, restitution, and jail or prison time. The penalties you could face after being arrested and charged can vary depending on the number of goods stolen and the cost of the goods taken. If you have been arrested or a loved one is facing a criminal charge, you must act quickly and retain the legal counsel of a Peoria criminal defense attorney from McCall Law Offices, P.C.

Are you facing theft charges in Illinois? Call McCall Law Offices, P.C. today at 309-948-5908 or contact us online to schedule a meeting with our theft crimes attorney in Peoria!

Understanding Theft Charges in Illinois

The term "theft" covers a wide range of offenses that carry different penalties and sentencing guidelines.

• Larceny
  • This is a general term that can be used to describe robbery, fraud, theft, and other similar crimes that involve the act of taking someone else's personal property with the intent to deprive the victim of their property
• Petty theft
  • Knowing to take, or taking control of, someone else's property without their consent, through deception, or by using threats.
    • "Petty" theft as opposed to felony theft involves property of less than $500 in value and is charged as a misdemeanor instead of a felony
• Shoplifting
  • Stealing from a merchant or trying to deprive a merchant of the full value of a retail item
  • It can include:
    • Taking or possessing an item without paying for it
    • Removing or altering a price tag or label
    • Moving a piece of merchandise to another piece of package
    • Under ringing merchandise
    • Lying about owning a piece of merchandise
  • Illinois (unlike most states) has specific harsher penalties for shoplifting than for other types of theft
• Burglary
  • Entering a house trailer, building, watercraft, aircraft, railroad car, or motor vehicle with the intent to commit a felony or theft
• Robbery
  • Taking another person's property by using or threatening to use force
• Carjacking (vehicular hijacking)
  • Using or threatening to use force to take a vehicle from someone who is immediately in possession of one

What are the Penalties for Theft Crimes in Illinois?

In Illinois, the penalties for theft crimes vary depending on the value of the stolen property and other factors, such as the defendant's criminal history. Here are the general penalties for theft crimes in Illinois:

• Class A Misdemeanor Theft: This includes property theft valued at less than $500. The penalty for a Class A Misdemeanor is up to one year in jail and a fine of up to $2,500.

• Class 4 Felony Theft: This includes property theft valued at $500 or more but less than $10,000. The penalty for a Class 4 Felony is one to three years in prison and a fine of up to $25,000.
• Class 3 Felony Theft: This includes property theft valued at $10,000 or more but less than $100,000. The penalty for a Class 3 Felony is two to five years in prison and a fine of up to $25,000.
• Class 2 Felony Theft: This includes property theft valued at $100,000 or more but less than $500,000. The penalty for a Class 2 Felony is three to seven years in prison and a fine of up to $25,000.
• Class 1 Felony Theft: This includes property theft valued at $500,000. The penalty for a Class 1 Felony is four to 15 years in prison and a fine of up to $25,000.

It's worth noting that the penalties for theft crimes can be enhanced if the defendant has a prior criminal history or if the theft was committed in certain circumstances, such as theft from an elderly person or theft of a firearm. Additionally, the victim of a theft crime may be able to seek restitution for their losses and any criminal penalties imposed on the defendant.

Defenses to Theft Crime Charges

Depending on the specific circumstances of their case, a person charged with theft can use several defenses. Here are some of the most common defenses to theft crime charges:

• Lack of intent: One of the essential elements of theft is intent. If the defendant did not intend to steal the property, they may be able to argue that they did not commit theft. For example, if they believed the property belonged to them or that they had a right to take it, they may be able to use this defense.
• Mistake: If the defendant mistakenly took property that they believed belonged to them or had permission to take, they may be able to argue that they did not commit theft. For example, if they took a coat from a restaurant they believed was their own, they may be able to use this defense.
• Consent: If the defendant had permission from the property owner to take it, they may be able to argue that they did not commit theft. For example, if a car owner asked the defendant to move it and the defendant took it without permission, they may be able to use this defense.
• Claim of right: If the defendant believed that they had a legal claim to the property, they may be able to use the defense of claim of right. For example, if the defendant took property they believed was owed to them by the owner, they may be able to use this defense.
• Entrapment: If law enforcement induced the defendant to commit the theft, they may be able to use the defense of entrapment. For example, if an undercover police officer encouraged the defendant to steal, they may be able to use this defense.

Contact Our Peoria Theft Crimes Attorney Today

If you or a loved one has been arrested for theft, you must immediately work with McCall Law Offices, P.C. Our dedicated professionals are ready to provide outstanding legal representation in your time of need. As trial attorneys with former experience in prosecution, we are confident that if your case does not settle outside of court, we can actively pursue a positive outcome for you at trial.

Contact McCall Law Offices, P.C. today to schedule a FREE consultation with our theft crimes lawyer in Peoria!