Facing Theft Charges Under 720 ILCS 5/16-1 in Illinois? Andrew M. Weisberg Can Defend Your Rights

In Illinois, theft is a serious criminal offense that can range from a misdemeanor to a Class X felony depending on the value of the property and the circumstances of the alleged crime. Under 720 ILCS 5/16-1, theft occurs when a person knowingly takes another’s property without authorization and with the intent to permanently deprive the owner of it.

With the new Cook County State’s Attorney’s administration taking a harder stance on property crimes, prosecutors are pursuing theft cases more aggressively than ever before. Harsher plea policies, stricter sentencing recommendations, and fewer opportunities for probation mean that if you’re charged, you cannot afford to take chances.

Andrew M. Weisberg, a former Cook County prosecutor, has the knowledge and courtroom experience needed to fight these charges head-on. He understands how the State builds its theft cases—and how to take them apart.

The New Cook County Approach: Harsher Enforcement for Theft

Under the new policies, prosecutors are under pressure to secure more felony convictions in theft and retail-related cases. This means:

• Stricter charging decisions – Cases that once stayed at the misdemeanor level are now being upgraded to felonies.

• Reduced plea flexibility – Prosecutors are rejecting many offers that previously would have led to probation or diversion.

• Tougher sentencing requests – Repeat or organized theft offenders are now facing demands for prison time.

If you’re accused of theft, you’re facing a system less forgiving than it’s been in years. Having an experienced defense attorney can make the difference between conviction and dismissal.

Understanding Theft Under Illinois Law (720 ILCS 5/16-1)

Illinois defines theft broadly. You can be charged if you:

• Obtain or exert unauthorized control over someone else’s property;

• Obtain property by deception, threat, or false pretense; or

• Possess property knowing it to be stolen.

The law applies to all kinds of theft—whether it involves retail property, personal belongings, company funds, or government assets.

Levels of Theft Charges in Illinois

The severity of a theft charge depends on the value of the property, where the theft occurred, and whether you have prior convictions.

Misdemeanor Theft

• Class A Misdemeanor – Property valued at $500 or less.

  • Penalty: Up to 1 year in county jail and $2,500 in fines.

• Class B Misdemeanor – Property worth $300 or less in specific cases such as mislaid property.

  • Penalty: Up to 6 months in jail and $1,500 in fines.

• Class C Misdemeanor – Property worth $150 or less stolen from a retail store during business hours.

  • Penalty: Up to 30 days in jail and $1,500 in fines.

Felony Theft

• Class 4 Felony – Property worth over $500 but not more than $10,000.

  • Penalty: 1–3 years in prison and up to $25,000 in fines.

• Class 3 Felony – Property worth $10,000–$100,000.

  • Penalty: 2–5 years in prison and up to $25,000 in fines.

• Class 2 Felony – Property worth $100,000–$500,000.

  • Penalty: 3–7 years in prison and up to $25,000 in fines.

• Class 1 Felony – Property worth $500,000–$1,000,000.

  • Penalty: 4–15 years in prison and up to $25,000 in fines.

• Class X Felony – Property worth over $1,000,000.

  • Penalty: 6–30 years in prison, no probation, and fines up to $25,000.

Even a misdemeanor theft conviction creates a permanent criminal record that can harm employment, housing, and licensing opportunities.

Defenses Against Theft Charges

Every theft case is different, and Andrew M. Weisberg tailors your defense to the facts of your case. Common defenses include:

• Lack of Intent: The prosecution must prove that you intended to permanently deprive the owner of property.

• Mistaken Identity: If you were misidentified or wrongfully accused, Andrew will uncover evidence to clear your name.

• Consent: If you had permission to take or use the property, the act was not theft under the law.

• Duress or Coercion: If someone forced you to commit the theft under threat, Andrew will raise a duress defense.

• Lack of Proof: Prosecutors must prove every element beyond a reasonable doubt. Weak or circumstantial evidence can lead to dismissal.

As a former prosecutor, Andrew understands how to identify—and attack—the weaknesses in the State’s case.

The Power of Early Legal Intervention

The earlier you involve an attorney, the more options you have. Early intervention can lead to:

• Reduced or dismissed charges before indictment;

• Negotiated alternatives like deferred prosecution or diversion;

• Protection against self-incrimination during questioning;

• Preservation of critical evidence before it disappears.

Andrew M. Weisberg acts immediately to investigate your case, protect your rights, and begin building a powerful defense strategy before prosecutors lock in their narrative.

Why Clients Choose Andrew M. Weisberg

• Former Cook County Prosecutor – Knows how the State builds and prosecutes theft cases.

• Proven Track Record – Secures dismissals, charge reductions, and not-guilty verdicts in theft and property crime cases.

• Personalized Defense – Handles every case personally; clients are never passed to associates.

• Strategic and Aggressive – Combines smart negotiation with fearless courtroom advocacy.

• Available 24/7 – Immediate help when you need it most.

Call Andrew M. Weisberg Today for a Free Consultation

If you’ve been accused of theft under 720 ILCS 5/16-1, act quickly. With prosecutors now taking a harder stance, early legal help can make the difference between freedom and conviction.

Call (773) 908-9811 anytime, day or night, for a free, confidential consultation.
Or fill out the Case Review Form on our website, and Andrew will contact you promptly.

Your defense starts the moment you take action—let Andrew M. Weisberg protect your rights and your future.