This is the next article in my series on the handling of criminal fraud charges in Peoria and other Illinois areas. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you or a loved one have been arrested. Speaking with counsel sooner, rather than later, is important as it gives your representative more time to build a defense on your behalf. This article will address the commonly asked question of “is fraud a misdemeanor or a felony?” If you or a family member are in need of assistance then contact my office today to speak with a criminal defense lawyer.
Illinois will classify fraud as a misdemeanor or a felony on the basis of the conduct and financial amounts involved
I have previously discussed Illinois’ definition of fraud and potential penalties. As I discussed in that article, Illinois does not have one specific broad definition of fraud. Instead, our state penalizes fraudulent conduct in a variety of separate contexts. This means, therefore, that the offense charged will depend on a) the nature of the conduct and who the alleged victim is and b) the amount of money or property involved. An example of this is that insurance fraud and identity theft are charged as separate types of offenses and not under one general “fraud” statute. The nature of the offense and the amount involved will determine whether the incident is charged as a felony or a misdemeanor. In other words, the answer to the question of whether fraud is a misdemeanor or a felony is that it can be either, depending on the circumstances.
Penalties for an Illinois fraud charge can range from a Class A misdemeanor to a Class 1 felony, with other levels of offenses in the middle. Class A misdemeanors carry a sentence of up to one year in jail and a fine of up to $2,500. Class 1 felonies, on the other end of the spectrum, can carry a sentence of up to fifteen years in prison and a fine of up to $15,000. Additional consequences to the offense can include penalties stemming from associated charges as defendants will often face more than one count. Also, one will be left with a permanent criminal record. A record involving fraud can make it extremely difficult to obtain professional licenses, to pass background checks, or to secure employment. The implications of a fraud conviction are, therefore, severe.
Peoria defendants may face additional misdemeanor or felony counts in a fraud case
It is common for individuals charged with fraud to face concurrent counts for other offenses. Suppose, for example, that Bob Defendant creates a fake identification claiming that he is his roommate Joe. Bob enters into a store and opens fraudulent credit accounts, in Joe’s name, so that he may make purchases. At a minimum, Bob will likely be charged with fraud related to identity theft and burglary. This latter charge will stem from the fact that Bob entered the store with the intention of committing a crime (identity theft) while inside. The extent and nature of any set of charges will always depend on the facts of the matter. This example, however, shows a defendant may face additional criminal counts beyond allegations of fraud.
If you or a family member have been arrested then it is crucial that you speak with an attorney as soon as possible. As a former prosecutor, I am familiar with the handling of such matters. I heavily focus my practice on protecting the rights of the accused and believe that everyone is entitled to strong representation. Contact us online or by telephone today to speak with a Peoria criminal defense lawyer. I also serve the cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. I serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Shuyler, Stark, Tazewell and Woodford. I also handle federal cases in Urbana.