This is the next article in my series on the handling of identity theft in Peoria and other Illinois areas. My last article discussed what constitutes identity theft in our state. The important point to take from that discussion is that the range of activities, which can result in charges, is quite broad. Retaining an attorney as soon as possible is crucial so that counsel may begin mounting a defense. In this article I will discuss the potential penalties which one faces for a conviction. If you require assistance then contact my office today to speak with a criminal defense lawyer.
Illinois residents will face felony charges if they are convicted of identity theft
Illinois charges all levels of identity theft as a felony. The level of the charges which one will face depends on the value of what was taken. The ranges for each potential level of offense are as follows:
- A Class 4 felony if the amounts involved were less than $300
- Class 3 felony charges will be brought if the value involved is between $300 and $2,000
- Class 2 felony charges result from incidents involving property valued between $2,000 and $10,000
- Class 1 felony counts stem from incidents involving between $10,000 and $100,000
- Amounts in excess of $100,000 result in Class X felony charges
The potential penalties one faces can increase if they are a repeat offender or if the offense was considered “aggravated” in nature. Aggravated identity theft occurs when the incident involves a victim over the age of sixty or when gang activity is involved. Also, offenses can be elevated to a higher degree when the victim is a member of a protected class, such as a member of the national guard. The level of charges which will be brought in any matter will always depend on the specifics of the situation.
Those charged with identity theft often ask the question of “can I go to jail for this?” The answer to that question is most certainly “yes.” All felony charges carry the potential of a prison sentence. Lower level felonies, however, will generally be probationable. Whether or not the Court will grant probation is an issue which will be within the discretion of the Judge. When determining a sentence, the Court will consider the facts of the case, the level of harm involved, the prior record (if any) of the accused, and more. An experienced attorney can help you with determining how the Court might rule in a given situation.
Identity theft charges carry consequences which go beyond a prison sentence
A conviction can result in consequences which go beyond a prison sentence. Being a convicted felon means having a permanent criminal record which will show up on a background check. This can make it difficult for an individual to obtain housing or employment. One will likely be disqualified from most professional licenses, and will also struggle to gain a security clearance. Finally, a convicted felon will forever be barred from owning a firearm under both state and federal law. In other words, a conviction can have a large impact on one’s future.
If you have been arrested then contact my office today to speak with a Peoria criminal defense lawyer. I am a former prosecutor and am able to assist those charged with identity fraud. I pride myself on providing a high level of service and we look forward to speaking with you. Contact us online or by telephone today to schedule an appointment. We also serve clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.