This is the next post in my series on the handling of identity 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 loved one have been arrested. It is important that you speak with counsel sooner, and not later, so that your representative may begin mounting a defense on your behalf. In this article I will be discussing what acts actually constitute “identity theft” in our state. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
Illinois considers several actions to be identity theft, under 720 ILCS 5/16-30
Acts which constitute identity theft in Illinois are listed in 720 ILCS 5/16-30. The many different actions which can bring about charges for this offense can be boiled down to situations in which one uses the identity of another to commit a crime, one who obtains another’s identity with the intent of committing a crime, one who buys or sells the stolen identity of another, holding one’s self out as another for the purpose of obtaining identifying or private information, and instances where one holds themselves out as a construction contractor. The crime will be considered “aggravated” in nature if the victim is over the age of sixty or if it is related to organized gang activity.
The penalties for an offense will depend, in part, on the value of any property involved. Generally speaking, the offense will be charged as a felony. Cases involving less than $300 worth of theft will be charged as a Class 4 felony while matters in excess of $100,000 will result in Class X felony charges. Amounts in between these two extremes will result in either Class 3, Class 2, or Class 1 charges. Also, it is not uncommon for identity theft charges to be brought in conjunction with other criminal counts. Such counts may include burglary as well as allegations related to cyber crimes. The prosecutor’s determination of what charges to bring will depend on the specifics of the case.
Peoria identity theft cases can involve a number of defenses
It is understandable that one may think their options are limited if they are charged with a fraud-related offense. The truth of the matter is that, depending on the facts of the case, there are various defenses which can be raised in such matters. First, a defendant may assert that they are “over charged” due to a dispute over the value of the property involved. One may, for example, possibly argue that the property taken is worth less than what the prosecution claims. Second, if police obtained statements in violation of one’s Miranda protections, then it may be possible to exclude those statements from the Court. Finally, if the prosecution is relying on computer records which were obtained without a warrant, then it may be possible to seek an exclusion of such records.
A point I cannot stress enough is that one should contact a criminal defense attorney as soon as possible if they have been arrested. A felony conviction can have a devastating impact on one’s future. In addition to a possible prison sentence, a defendant will likely find themselves hindered when it comes to obtaining employment or housing. Also, such an individual will be forever barred from possessing a firearm. Having experienced counsel is an important step to protecting one’s rights. As a former prosecutor, I am familiar with the handling of such matters. I pride myself on providing a high level of service and we look forward to speaking with you. Contact us today to speak with a Peoria criminal defense lawyer.
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.