You’ve counted down the last moments of 2022, and now 2023 is here – it’s time for a fresh start. However, moving on from the previous year can be a bit more complicated if you’re facing criminal charges from the last minutes of 2022.

Some crimes commonly get people arrested in Illinois on New Year’s Eve. But just because they’re common doesn’t mean they’re not serious. Quite a few common crimes perpetrated on the last day of the year can haunt you for years afterward.

Here is what you need to know about crimes that get people arrested more often on New Year’s and what those crimes can mean for your future.

Public Intoxication

Public intoxication is a tricky thing in Illinois. That’s because it is not illegal in the state to be drunk in public as long as you’re over the age of 21. The government has passed laws that make it illegal for any local or state government to make laws against those who are drunk in public because they see it as discriminating against those who may have substance abuse issues.

However, it is illegal to operate a motor vehicle while intoxicated or walking on the street (stick to the sidewalks). It’s also unlawful to physically control other vehicles, such as boats, snowmobiles, scooters, and other equipment. Doing so can land you in jail and cause you to lose your driver’s license under Illinois law.

Assault

It’s unfortunate that this holiday also sees a rise in assaults. Assault in Illinois is causing a person to feel afraid for their physical safety. Putting up your fists and threatening to be violent toward another is assault, but threatening someone with words alone is not. Perpetrating an act of assault against someone who is a member of your household or family can get you in trouble for domestic assault as well.

If you are found guilty of assault in Illinois, then it’s typically a Class C misdemeanor. Assault can imprison you for up to a month and make you liable for fines of up to $1,500. You may also be subject to probation for several years and must complete community service hours.

Criminal Property Damage

It is illegal in Illinois to destroy or damage property that belongs to another. You may sometimes hear this crime referred to as criminal mischief or vandalism. Property damage or putting someone in harm’s way due to property damage is the primary issue.

Criminal property damage is committed by doing things such as ramming a car with a car, lighting a fire in someone’s backyard, poisoning your dog, or even smashing a window to your home. The damage can be small or large. As long as it’s with malicious intent, it’s criminal property damage.

Being found guilty of criminal property damage in Illinois can be a Class A or B misdemeanor, or a felony, depending on the property’s value, what was damaged, and who the target was. If you are found guilty of a misdemeanor, it can send you to jail for up to one year and make you responsible for thousands of dollars in fines. If it’s a felony charge, you can go to prison for up to 15 years and pay as much as $25,000 in fines.

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 handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In Illinois, certain property crimes are common. “Common,” however, does not mean that they come with light consequences.

While property crimes can be misdemeanors, many can also be felonies. That’s why it’s vital for every citizen to understand common property crimes, including how the law defines them and the consequences of a conviction.

Read on to find out what you need to know.

The Most Common Illinois Property Crimes

The top property crimes in Illinois are:

Burglary

Burglary is an umbrella phrase for different types of property crimes. In general, however, a person commits burglary if they enter the property of another with the intention of committing another crime once there.

While most people think of breaking into someone’s house as burglary, it’s only burglary when they’re breaking into someone’s house to commit a crime, such as a robbery. Simple breaking into a home would be trespass.

In most cases, burglary is a Class 2 felony in Illinois. But it can be raised to a Class 1 felony if the place entered to commit the crime is a school or a place of worship. A Class 2 felony conviction can send a person to prison for up to seven years. If convicted of a Class 1 felony, a person faces incarceration for up to 15 years.

Theft

Theft is committed in Illinois when someone knowing obtains or takes control over the property of another without their authorization with the intent to deprive them of the property permanently.

Theft can be a Class A misdemeanor, or a Class 4, 3, or 2 felony. In some circumstances, it can even be a Class 1 or Class X felony.

What category it falls into depends on the value of the property stolen. If it’s less than $500, then it’s a Class A misdemeanor. Over $500, it turns into a felony, with anything exceeding $1 million considered a Class X felony – a felony that can send you to prison for 30 years.

Motor Vehicle Theft

Motor vehicle theft is much like theft, insomuch as it’s the act of obtaining or knowingly taking control over the property of another without their consent and with the intent to take it from them permanently. It’s simply that in this case, the property in question is a motor vehicle.

Motor vehicle theft penalties hinge on the value of the vehicle taken. Vehicles worth less than $500 typically net a Class A misdemeanor. Any vehicle worth more than that will receive a felony charge.

Even the least severe cases can include sentences up to one year. However, the most serious felonies can send a person to prison for up to 30 years.

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 handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

A majority of Chicagoans are spending most of their days indoors thanks to the unprecedented stay-at-home order. Living through this quarantine order can be stressful and this tension can cause some people to make decisions they may not otherwise – decisions that can have legal consequences.

If you find yourself in a dispute with a neighbor because you’re now constantly at home due to the stay-at-home order or taking actions you normally wouldn’t due to boredom or stress, then it’s important to learn more about property crimes in Illinois. You certainly don’t want to find yourself unwittingly facing criminal charges for something you didn’t realize would have significant legal ramifications.

How Does Illinois Define Damage of Property?

Criminal damage of property in Illinois is defined as when someone damages the property of another knowingly and without the owner’s consent. This doesn’t only apply to taking a hammer to your neighbor’s favorite garden statue but can also to behaving recklessly with explosives such as fireworks or shooting at empty buildings. It can even apply to the animals owned by another person, such as hurting your neighbor’s dog because it was barking too much and annoying you.

Specific Types of Damage to Property in IL

There are a variety of violations that can be classified as criminal property damage. Some of the more specific examples of property crimes include:

Possession or Use of a Noxious Substance

You may think it’s funny to sneak a stink bomb into the basement of an annoying neighbor, but it can be a criminal act. Putting a stink bomb on someone else’s property without their consent is a property crime.

Criminal Mischief

Criminal mischief occurs when you intentionally damage something owned by someone else that you had no right to damage.

Criminal Tampering

If you were to intentionally impair or interrupt a public utility, such as water or power, then that would constitute a property crime.

Illinois Charges Associated with Criminal Property Damage

Often the charges you face for criminal property damage are in line with the dollar amount of damage done to the property. For example:

Class A Misdemeanor

If the damage or destruction to property is $300 or less, then you’ll likely face a Class A misdemeanor. This carries a punishment of up to a year in jail and a fine up to $2,500.

Class 4 Felony

For property damage crimes valued at more than $300 but less than $10,000, you can be charged with a Class 4 felony. This also applies if the property damage took place at a school, was inflicted on farm equipment, or occurred at a place of worship and the damage done was less than $300. Punishment for this level of a felony is between one and three years in prison as well as a fine up to $25,000.

Class 3 Felony

Class 3 felonies are applied when the property damage is determined to be more than $10,000 but less than $100,000. For farms, schools, and places of worship, you can be charged with a Class 3 felony is the damage was between $300 and $10,000.

The potential penalty for this class of felony is between two and five years in jail and a fine up to $25,000.

Class 2 Felony

This felony is faced if the damage valued at more than $100,000 or it took place at a school, farm, or place of worship and is valued at $10,000 to $100,000. It can result in between three and seven years in prison as well as a $25,000 fine.

Class 1 Felony

Property damage over $100,000 to a school, place of worship, or farm can result in four to 15 years in prison and a fine of $25,000.

If you find yourself bored at home, then try starting a new project on your own property instead of tampering with the property of someone else. Or better yet, Zoom with a friend to help reduce stress and boredom.

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. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

That said, facing conviction of a violent crime – one which involves the use of force or threat of force against another – can result in a punishment longer lasting and far more severe. This is generally because these crimes are considered to present a threat to public safety.

Sometimes, the two overlap.

An offender may intend to commit a simple property crime like theft, but a mishap or change in circumstances can result in a more violent scenario.

For instance, someone might attempt to steal from or damage property thought to be vacant but encounters an occupant. Everyone’s surprised, the offender pulls a gun or knife, and suddenly a petty theft becomes something far more grave.

By law, a defendant in these circumstances may be convicted of a violent crime, even if it wasn’t their original intent.

Below, we compare various property and violent crimes, and the circumstances under which a simple property crime can suddenly become violent.

Defining Property Crime and Violent Crime in Illinois

Property crime is an offense committed against the victim’s property. This can include theft, vandalism, destruction and unlawful occupation of a property.

An important discernment, property crimes are characteristically non-violent. In fact, in most simple property crimes, the owner is not even present during the commission of the offense. On the other hand, as the title would suggest, violent crimes are, well…violent.

When an offender does use force or the threat of force to cause bodily injury to the victim or place the victim in reasonable fear of imminent bodily injury or death, the crime is classified as such. Examples include assault, robbery, carjacking, sexual assault, and homicide.

So what are the most common scenarios of intent to commit a simple property crime without harming anyone, but inadvertently encounter the property’s owner or occupant?

In those scenarios, how does the property crime become a violent one?

Illinois Shoplifting vs. Illinois Robbery

In shoplifting, the defendant takes merchandise with the intention to deprive the merchant of its full retail value. In robbery, the defendant takes property directly from a person, including a store employee, and uses force or the threat of force to do so.

In some cases, the defendant may intend to commit shoplifting, but end up using force or the threat of force to take the merchandise, which is considered robbery.

For example, with the intent to shoplift, Sally slips an extra tube of lipstick into her side pocket. On her way out the door, she is stopped by a security guard. When he tries to apprehend her, in an effort to escape, Sally pulls out a knife and threatens to harm him.

Now a simple shoplifting conviction, usually a misdemeanor punishable by probation, becomes armed robbery, a felony-level offense that almost always requires jail time.

Illinois Burglary vs. Illinois Robbery

Burglary is committed when the defendant enters a building or vehicle with the intention to commit theft or a felony-level offense.

As we discussed above, a robbery occurs when the defendant directly takes the property of another by force or threat of force.

Look at Barry. He thinks the home he is breaking into is vacant, intending to steal the occupants’ valuables. However, one of the occupants is home. Barry’s caught off guard and uses force or threat of force to subdue them.

Barry now faces robbery charges. Although both offenses are considered a felony, Barry is likely to face a much longer prison sentence now.

Illinois Grand Theft Auto vs. Illinois Carjacking

Auto theft is a common Chicago criminal offense and is usually a low-level felony. However, if the defendant takes a car directly from its owner or driver using force or the threat of force, this is considered carjacking, a violent offense that is a Class 1 Felony.

Take Carl. He’s in the mall parking lot, attempting to steal an unoccupied car. Let’s say the car’s owner approaches Carl while he’s attempting to hotwire the car.

Carl isn’t armed but tells the driver that he has a gun and will shoot, causing the driver to flee and call the police. Even though he didn’t use force, Carl used the threat of force, so now faces carjacking charges.

We realize these examples are simplified, while real-life situations can be far more complex. Even if the defendant intends only to commit a property crime, unexpected circumstances can cause panic, and “force” can seem at the time the only way to escape or avoid being caught.

In these cases, the defendant will face the criminal consequences of a violent crime, even though this was not his or her original intention.

If you are currently facing violent crime charges for an incident in which you never intended to be such, it may be wise to reach out to a Chicago criminal defense attorney to talk about your best course of action in limiting your consequences.

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.

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.

Criminal damage to property is defined as the purposeful damage or destruction of another’s property or land. Generally these charges are taken quite seriously, and are considered to be either Class A Misdemeanor or felony-level offenses. This means that they carry hefty sentences.

Moreover, if you are convicted of criminal damage to property, you will be left with a permanent criminal record that will continue to haunt you long after you’ve served your time. It is therefore important to understand these charges to know what you’re up against and what potential defenses you might be able to use to fight back.

How Criminal Damage to Property Is Charged in Illinois

The Illinois laws regarding criminal damage to property are somewhat complex. The level of charge you face is related to the amount of damage done, and in some cases the type of property damaged, with damage to certain properties – such as farm equipment, schools, or places of worship – carrying enhanced sentencing.

Class A Misdemeanor

If the alleged property damage is valued at under $300, it will be charged as a Class A misdemeanor. This carries a sentence of up to one year of jail time and fines of up to $2,500.

Class 4 Felony

If the property damage is valued at $300-$10,000, the defendant will be charged with a Class 4 felony. If the property in question is a school, place of worship, or farm equipment, and the damage is valued at less than $300, this is also charged as a class 4 felony.

A Class 4 felony carries a sentence of 1-3 years in prison and up to $25,000 in fines. A felony-level offense also carries much more serious consequences down the road. Convicted felons are prohibited from owning weapons or voting, and are more likely to struggle with finding employment and housing, among other difficulties.

Class 3 Felony

If the alleged property damage is between $10,000 and $100,000, it will be charged as a Class 3 felony. If the property is a school, place of worship, or farm equipment, and the damage valued at $300-$10,000, the offense is charged as a Class 3 felony. This carries a sentence of 2-5 years in prison and fines up to $25,000.

Class 2 Felony

Criminal damage to property is charged as a Class 2 felony if the damage exceeds $100,000. If the property is a school, place of worship, or farm equipment, and the damage is valued at $10,000-$100,000, it is also charged as a Class 2 felony. This is punishable by 3-7 years in prison and fines up to $25,000.

Class 1 Felony

If the property is a school, place of worship, or farm equipment, and the damage exceeds $100,000, this offense is charged as a Class 1 felony, which is punishable by 4-15 years’ imprisonment and up to $25,000 in fines.

How to Defend Against Criminal Damage to Property Charges

Although criminal damage to property charges are quite severe, there are a number of defenses that can be used. If the defendant is caught in the act and apprehended at the scene, defenses are usually focused upon mitigating the severity of charges. If the defendant is charged with the offense after it is committed based upon witnesses, surveillance, or other evidence, it is possible that he or she has been wrongly accused.

Mistaken Identity

If the defendant is accused based upon surveillance videos or witness statements, it is possible that he or she has been wrongly identified, and did not commit the offense. In this case a mistaken identity defense is appropriate.

Mistake in Ownership

Criminal damage to property refers to the unauthorized and deliberate damage of another party’s property. If the defendant or another reasonable person could feasibly have mistaken the property to be his or her own, a mistake in ownership defense is reasonable.

Accident

Criminal damage to property is committed intentionally. If the damage occurred as the result of an accident, it may be possible to reduce the charges. In many cases, the defendant will still be required to compensate the property owner for damages, but criminal charges will be dropped.

If you or a loved one are facing criminal damage of property or vandalism charges, reach out to the best available Chicago criminal defense attorney as early in the process as possible.

An experienced, reputable defense attorney with a proven track record in property crime cases will make sure your rights are protected, maximize your chances of a favorable outcome, and may even be able to get your charges dropped altogether.

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.