If you have been charged with a property crime in Illinois, you need to take it seriously and work to put together the strongest possible defense to fight back. Depending on the nature of your alleged crime, you could be facing years in prison, high fines, and more.

How do you know which strategy is most likely to help in your specific situation? There’s no easy answer, but your best chance at a positive outcome is to work with a Chicago attorney who can point to a track record of success in these types of cases. He or she will be able to look at the facts of your case and craft your defense based on those unique factors.

Still, there are a number of possible strategies that tend to work well in these types of cases, and it’s good to have a basic understanding of the types of arguments your lawyer might make. In this post, we’re going to go over Illinois property crime laws, then detail some of the most frequently used successful defenses.

Property Crimes in Illinois

If someone takes items from another or destroys their property, these acts are considered property crimes under Illinois law. Most of the time, property crimes do not cause injury or harm to another person. Because of this, property crimes need not occur in front of a victim – except in the case of robbery.

Property crimes are typically penalized based on the value of the property that was taken or damaged. If firearms are used in conjunction with the crime, the charges can be elevated.

The most common types of property crimes are vandalism, shoplifting, theft, larceny, burglary, and robbery. Arson is another typical form of property crime.

Because there are so many different types of criminal acts that fall under the umbrella term “property crimes,” the possible defense strategies vary not just by the specifics of your case, but also by the nature of the act. Some of them overlap, but many don’t.

Illinois Theft Charge Defenses

Theft is a common form of a property crime in Illinois. If you are facing theft charges, you may be able to use these defenses for a successful outcome.

Property ownership—You believed the property belonged to you.

Returned property—This defense can reduce the level of your charges.

Entrapment—Government officials induced you to commit theft.

Intent to Return Property—You intended to return the property after a certain period.

Marital Property—You took property from your spouse, which is misappropriation but not larceny.

Consent—The owner of the property provided consent for you to take it.

Duress—You took property because someone else was threatening harm to you.

Illinois Arson Charge Defenses

You need a strong defense to arson charges. One of these defenses may work for you.

Accidental fire—You did not act with intent to set the fire.

Lack of evidence—The prosecution must be able to prove beyond a reasonable doubt that you caused the fire, or the case can be dropped.

Mental incapacitation—You were unable to make sound judgments.

Illinois Burglary Charge Defenses

Burglary is often charged as a felony. A strong defense can get your charges reduced or dropped.

Innocence—You did not commit the acts in question and there is strong evidence to support this.

Consent—The owner of the property allowed you to enter.

Entrapment—Someone threatened harm to you or a loved one unless you committed burglary.

Illinois Robbery Charge Defenses

Robbery is prosecuted as a serious crime because it takes place in the presence of a victim. You will need the help of a skilled attorney to fight robbery charges, likely with one or more of the following defenses.

Alibi—You were not present at the time of the incident.

Duress—You committed robbery because someone else threatened harm to you or a loved one unless you acted according to their demands.

Again, all of these are just examples of strategies to give you a sense of the possibilities and ways that you might be able to argue your case. Doing so effectively – that’s the trick.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

There are all kinds of illegal acts that fall under the umbrella of “property crimes” in Illinois, and not all of them are created equal. Depending on what you are accused of doing, you may face a misdemeanor or a felony, and consequences vary quite a bit as well.

Below, we’re going to detail the most common property crimes in Illinois and their associated penalties.

Acts that Illinois Defines as Property Crimes

Arson

A person commits arson by using fire or an explosive device to knowingly damage another’s property without his or her consent. It may involve the destruction of real property (structure or building) or of personal property valued at $150 or more. Arson may be committed with an intent to defraud an insurer and collect payments for damage. Whether the resulting damage is partial or total, arson charges can apply.

Aggravated arson is charged when it involves a structure where people are present, where someone suffers great bodily harm, or an emergency personnel worker is injured as a result of the arson.

Additionally, possession of an explosive or incendiary device with an intent to commit a felony is punishable by Illinois law.

Theft General theft is defined as such under the Illinois statutes:

“A person commits theft when he or she knowingly:

• Obtains or exerts unauthorized control over property of the owner; or
• Obtains by deception control over property of the owner; or
• Obtains by threat control over property of the owner; or
• Obtains control over stolen property knowing the property to have been stolen; or
• Obtains or exerts control over the property in the custody of any law enforcement agency and

1. Intends to deprive the owner permanently of the use or benefit of the property; or
2. Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or
3. Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.”

Theft crimes are punishable by the value of the item or items in question.

Destruction of Property

Illinois law says that criminal damage to property occurs when a person knowingly damages or defaces another’s property with fire, explosives, or offensive smells; knowingly injures another’s domestic animal without consent; or damages or opens a fire hydrant.

Burglary

Burglary is the crime of knowingly entering or remaining in a building, structure, or vehicle with the intent to commit a felony or theft while inside. It includes crimes in aircraft, watercraft, and railroad cars.

Fraud and Identity Theft

Certain instances of fraud and identity theft could qualify as property crimes under Illinois law. An example would be committing arson to defraud an insurer.

Penalties for Illinois Property Crimes

The penalty for a property crime conviction normally depends on the value of the property, whether violence occurred, and whether anyone was injured. The more serious the crime, the more likely it is to be categorized as a felony.

Arson is a Class 2 felony. It is raised to a Class 1 felony if committed in a house of worship. Aggravated arson is a Class X felony.

Possession of explosive or incendiary devices is a Class 1 felony with a minimum sentence of four years in prison and a maximum sentence of 30 years.

Theft is a Class A misdemeanor for property valued at $500 or less, and a Class X felony for property valued at over $1 million.

A conviction for burglary is a Class 3 felony if no damage occurs. If damage occurs, it is a Class 2 felony. Burglary is a Class 1 felony if committed in certain locations.

Criminal damage to property ranges from a Class B misdemeanor to a Class 1 felony, depending on the charges. Additional fines and/or community service hours may be added to the sentence.

Seek Legal Help for Property Crime Charges in Illinois

It’s important to contact an experienced Illinois criminal defense attorney as soon as charges of property crimes are filed against you.

You may face jail or prison, high fines and long probation periods. These penalties can significantly lower your quality of living. A skilled lawyer can help you form the strongest defenses to your charges to provide the best possible outcome.

Call today for a free case review. We will work hard to protect your rights and your reputation.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.