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.

There are some stories that make a lot of headlines – and the “smash and grab” or “flash mob” retail theft crimes that have been occurring in Chicago and across Illinois are headlines you may have noticed over the last few years.

Organized retail theft is on the rise, but a new bill just signed into law by the Governor aims to help curb this practice and provide better legal guidelines to fight against it.

Here’s what you need to know about organized retail theft in Illinois and what this new bill will do to help in the fight against it.

What Is Organized Retail Theft?

Organized retail theft occurs when those who are considered to be professional shoplifters work with other professionals to steal from a store. The people who perpetrate organized retail crime work in teams. Some may help to distract the store employees while others steal the goods within the store. In many cases, these teams of thieves are working under the orders of a leader who is directing them in where to go and what to steal.

You may also see organized retail theft at work when large groups of people rush into a store and steal, even when other customers and employees are inside. These flash mobs create a situation where there is a lot of chaos, which makes the crime easier to perpetrate.

Perhaps one of the most notable examples of this type of theft occurred in December in Oak Brook, when a large group of people, about 14, rushed into a Louis Vuitton store and made off with $120,000 in stolen goods.

The INFORM Act

The new bill signed into law, HB 1091 which is also called the INFORM Act, seeks to penalize those who are organizing the crime and making profits from it – not to more harshly punish those who may join in the schemes, because they are desperate for money.

The penalties under this new law include:

Class 3 Felony

This will be charged when someone knowingly engages with other people in a theft that is valued at $300 or more.

This can be penalized by as much as five years in prison, as well as one year of mandatory supervised release. It is possible for someone convicted of a Class 3 felony to instead serve probation, but that probation term can last for up to 30 months.

Class 2 Felony

This will be charged when someone commits retail theft at one or more establishments.

A Class 2 felony is punishable by up to seven years behind bars and requires as much as two years of mandatory supervised release. The judge can also impose up to four years of probation for a Class 2 felony.

What is most notable about this new Act is that it allows prosecutors to charge others with theft, conspiracy, and selling of stolen goods who may not have directly perpetrated the theft. In other words, the entire crime from planning to the selling of stolen goods can now be prosecuted under Illinois state law, something that was not possible under the existing laws of the past.

This new law may help to prosecute organized theft crimes and support retailers in the long run. However, it also creates new charges which people may not understand how to navigate if they are charged. That’s why having an experienced attorney on your side can help.

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.

Mail is something that is so much a part of everyday life – it can be difficult to envision the types of crimes people commit surrounding it. But make no mistake, crimes involving mail are currently alive and well.

In fact, in Illinois, there’s been a rash of mail stolen from collection boxes outside of the Park Ridge post officer. The boxes were pried open, and the mail inside was stolen.

Many of these crimes go beyond simply taking mail. They leak into areas such as check fraud. One Illinois man wrote a check to cover his phone bill and discovered that it had been stolen and forged to become a $4,000 check to someone he didn’t know.

Crimes involving mail are serious since they can be not only state crimes but federal ones, too. Here’s what you need to know about mail theft, check fraud, and forgery in Illinois.

Mail Theft in Illinois

Mail theft is treated like any other type of theft in Illinois. That means when you take someone else’s property without their permission and with the intent to deprive them of it permanently, then you are guilty of theft – including when the property is mail.

There are a variety of different theft crimes in Illinois, but what they all have in common is that the severity of the charge is directly related to the value of the property taken. Also, the types of property stolen can impact the charges faced.

You can be charged with petty theft or something as serious as grand theft. And the method you’ve taken it – for example, if it’s done through force or fear – can make the charges faced more severe.

If you are found guilty of misdemeanor theft, then you can face up to one year in jail, fines of up to $2,500, and be required to pay restitution to the victim for any losses. Felony theft, on the other hand, can garner up to 15 years in prison and fines of as much as $500,000.

In Illinois, there’s even Class X felony theft, which usually involves theft from a school, church, or from government property. A Class X felony can send you to prison for up to 30 years and make you responsible for fines of as much as $25,000 on top of any restitution owed to the victims.

Mail theft can also lead to federal charges since the post office is a federal agency. Federal mail theft can lead to five years in prison and fines of as much as $250,000.

Check Fraud in Illinois

Check fraud is considered a deceptive practice in Illinois. It is comprised of distinct crimes, which include:

General Deception

This occurs when someone has the intent to defraud another and knowingly cause, through threat or deception, execution of a document disposing of property or a monetary obligation. It can also occur if the person knowingly permits the receipt of or receives an investment or deposit from an institution they know to be insolvent. If you use deceptive or false statements in public to promote the sale of services or property that are false, that is also considered general deception.

Bad Checks

Passing bad checks is a crime, as well. It occurs when someone intends to pay for or obtain control over property or services, and they deliver or issue a check knowing that it’s not valid. It also occurs when someone delivers or issues a check over $150 that they know will not be paid due to insufficient funds.

In most cases, those guilty of check fraud attempt to pass bad checks, use forged checks, or float checks. The penalties generally fall under Class A misdemeanor crimes, which means that it can result in up to one year in jail and fines of as much as $2,500. However, it can be a Class 4 felony in some cases, which can result in as many as three years in prison and fines of $25,000.

Forgery

The crime of forgery occurs when someone:

• Intends to defraud another by knowingly creating a false document or altering an existing document to make it false
• Delivers or issues a false document knowingly
• Has in their possession with the intent to deliver a false document
• Uses a digital signature unlawfully
• Uses a signature device of someone else to unlawfully create an electronic signature

Forgery is considered a Class 3 felony in most cases, which can lead to five years behind bars and fines of as much as $25,000.

The moral of this story? Keep an eye on your mail, and don’t mess with mailboxes!

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.

As time passes, it can become more and more difficult to provide clear, definitive evidence that a crime did or didn’t happen. Because of this, Illinois has created a statute of limitations for most criminal offenses – including theft. After a preset amount of time, you are no longer legally able to be charged with a crime.

Today, we’re going to share some general rules of thumb for the Illinois statutes of limitations in theft-related crimes, detail several specific statutes, and cover a few contributing factors for specific cases. Every person’s situation is unique, however, and the best way to understand what’s possible for you is to have an experienced Chicago theft lawyer review your case.

Theft Offenses in Illinois: General Rules of Thumb

The period for a statute of limitations typically begins the moment an alleged crime has been completed. For crimes spanning days, weeks, or longer – a criminal conspiracy, for instance – the clock would not start ticking until the last “overt act“ has been completed.

In our state, the statute of limitations depends on the severity of the crime (Statute 720 ILCS 5/16-1). As a general rule of thumb, misdemeanors typically have a statute of limitations of 18 months, while felonies can be prosecuted up to three years after the criminal act occurs.

Of course, some crimes don’t have statutes of limitations at all. In cases where no statute of limitations exists, the government can charge someone with the offense no matter how long ago it allegedly happened.

However, unless you are facing more severe charges than those associated with theft-related crimes, chances are there is a concrete statute of limitations for your case. For many theft crimes, the “rule of thumb” applies. Some do not adhere to this, though, so below we’re going to dive into specifics based on the charge you’re facing.

How the Statute of Limitations Applies to Specific Illinois Theft Crimes

Theft – In most cases, if the value of stolen property does not exceed $500, theft is considered “petty theft” and the crime will likely be classified as a misdemeanor. If the stolen property values more than $500 total, you may face felony charges.

Specifically, Illinois law outlines the statute of limitations will be 18 months, three years, or seven years depending on the exact value of property stolen, as well as other circumstances surrounding the crime.

Receiving Stolen Property – If you have been accused of possessing stolen property, not the actual theft, you will still be subject to the same statute of limitations as a theft charge.

Should the total value of stolen property not exceed $500, you will be charged with a misdemeanor, and any charges must be brought against you within 18 months or three years – depending on the exact value of property received.

Burglary – Burglary is always classified as a felony in Illinois, and charges must be brought against anyone accused of committing the act within three years in order to meet the statute of limitations.

Robbery – Our state always classifies robbery as a felony as well. In many cases, charges must be brought within three years. However, there may not be a time limit when the dollar value of the property stolen reaches into the hundreds of thousands of dollars.

Other Contributing Factors to the Length of an Illinois Theft Crime’s Statute of Limitations

There are plenty of additional contributing factors that can affect how the court interprets the end date of the limitations period. They can even deem parts of statutes of limitations unenforceable.

For instance, were you aware that a statute of limitations may “toll,” or pause? One example of such a case is if a crime is committed and then the suspect immediately goes into hiding for two years. Because he or she could not be found to face prosecution, the court may grant an additional two years to the statute of limitations.

Another scenario is when more than a single theft charge is brought against a person committing a single act. Or if it is determined that a crime can be classified as having occurred in more than one jurisdiction. When this happens, the statute of limitations may expire for one crime, but still leave a defendant open to prosecution for another criminal act – or for the same crime in a separate jurisdiction.

Even your right to a speedy trial can greatly affect a standard statute of limitations for a given crime.

If and when you are facing theft charges, it is very important that you understand how statutes of limitations apply to your specific theft-related crime, and what impact the circumstances surrounding your case may have on the standard time limits for bringing charges against you. It may mean the difference between continuing to live your normal life and spending time and money being processed through the Illinois court system and facing the prospect of being incarcerated.

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.