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.