This is the next article in my series on the handling of Class 2 felony theft 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 family member has been arrested. It is important to contact counsel immediately as such charges carry a potential prison sentence. In this post, I will be addressing the question of what constitutes Class 2 felony theft in our state. If you are in need of assistance then contact my office today to speak with a criminal defense lawyer.
Illinois classifies theft as a Class 2 felony if it involves property valued between $10,000 and $100,000
There are several types of offenses in Illinois which are grouped under the category of “theft” as opposed to being a standalone criminal charge. These offenses can involve taking property directly from another (typically referred to as “robbery”), stealing valuable items from a store (shoplifting), stealing a vehicle, and more. If the value of the taken property is between $10,000 and $100,000 then the case will typically be charged as a Class 2 felony. Class 2 charges can also be brought in matters involving property valued between $500 and $10,000 if the crime was committed at a school or a place of worship. Finally, cases involving $5,000 or more can result in Class 2 charges if the victim was over sixty years of age.
It is important to understand that the value of the property is what determines the level of charges brought. The nature of the property is generally not relevant. I stress this due to the fact that individuals may face serious charges for taking property that may seem relatively trivial in nature. As an example, suppose Joe enters a comic book store and, while the owner is in the back room, Joe removes a comic from the case and exits the store. This comic book was a highly collectible issue (which is why it was in the case) and is valued at roughly $15,000. When security footage leads to Joe’s arrest, he is shocked to find out that he is facing Class 2 felony charges for “stealing a comic book.” What Joe fails to understand is that he is not being charged for stealing “a comic,” he is being charged for taking $15,000 worth of merchandise. It does not matter whether it was a comic that originally cost fifteen cents at one time or if it was a rare diamond.
It is also important to note that individuals in these levels of cases will often face multiple charges. It is rare that property valued at $10,000 or more, is taken without additional chargeable conduct. Continuing with the example above, when Joe entered the store with the intention of committing a crime, he was engaging in the act of burglary. This means that he will face charges for burglary as well as theft. Moreover, if it is shown that Joe had previously been told to stay out of the store, then he would also be charged with trespassing. These are just a few simplified examples of how these types of cases will often involve multiple charges.
Property valuations can be disputed in a Class 2 felony theft case
An issue in many cases may be determining the actual valuation of property taken from a victim. If a matter were to go to trial then, in many situations, it would be up to a jury to determine the value of what was stolen. Challenging the value of property may include the use of expert testimony, eliciting testimony from the victim which relates to what they paid for an item, depreciation, and more. Disputing value in these types of cases can often involve complicated legal and factual issues. It is highly important that you retain an attorney with experience in handling such issues.
If you have been charged with Class 2 felony theft then contact my office today to speak with a Peoria criminal defense lawyer. I am a former prosecutor and have extensive experience in regard to the workings of our local court system. This includes questioning experts and more. I pride myself on providing a high level of service and I look forward to speaking with you. 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.