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

Theft is a broad category of crimes in Illinois, encompassing various unlawful actions involving the taking of someone else’s property with the intent to permanently deprive the owner of its use. Under 720 ILCS 5/16-1, Illinois law defines theft and establishes the penalties based on the value of the stolen property, the circumstances of the theft, and whether the theft involved specific types of property, such as government property or firearms. The statute also covers specific types of theft, including employee theft and embezzlement. If you are facing theft charges in Illinois, you need an experienced and aggressive defense attorney like Andrew M. Weisberg to protect your rights and fight for the best possible outcome.

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

Theft, as defined by Illinois law under 720 ILCS 5/16-1, involves knowingly obtaining or exerting unauthorized control over someone else’s property with the intent to permanently deprive the owner of the property. The statute also includes obtaining property by deception, threat, or by possessing stolen property knowing it to be stolen.

The statute categorizes theft into different levels of misdemeanors and felonies, depending on the value of the property stolen, the circumstances of the theft, and the defendant’s prior criminal record.

Levels of Theft Charges in Illinois

The severity of theft charges in Illinois is primarily determined by the value of the stolen property. Here is a breakdown of the various misdemeanor and felony levels of theft under 720 ILCS 5/16-1:

Misdemeanor Theft

1. Class A Misdemeanor Theft:
   • Value: The value of the stolen property is $500 or less.
   • Penalties: A conviction for Class A misdemeanor theft can result in up to 1 year in county jail and fines of up to $2,500.
2. Class B Misdemeanor Theft:
   • Value: The value of the stolen property is $300 or less, and the theft involves certain types of property, such as a mislaid item.
   • Penalties: A conviction for Class B misdemeanor theft can result in up to 6 months in county jail and fines of up to $1,500.
3. Class C Misdemeanor Theft:
   • Value: The value of the stolen property is $150 or less, and the theft is from a retail establishment during business hours.
   • Penalties: A conviction for Class C misdemeanor theft can result in up to 30 days in county jail and fines of up to $1,500.

Felony Theft

1. Class 4 Felony Theft:
   • Value: The value of the stolen property is over $500 but not more than $10,000.
   • Circumstances: Theft involving property stolen from a person or certain types of property, such as government property or certain types of animals.
   • Penalties: A conviction for Class 4 felony theft can result in 1 to 3 years in prison and fines of up to $25,000.
2. Class 3 Felony Theft:
   • Value: The value of the stolen property is over $10,000 but not more than $100,000.
   • Circumstances: Theft involving property stolen from a place of worship, school, or governmental institution, or if the theft involved a vehicle.
   • Penalties: A conviction for Class 3 felony theft can result in 2 to 5 years in prison and fines of up to $25,000.
3. Class 2 Felony Theft:
   • Value: The value of the stolen property is over $100,000 but not more than $500,000.
   • Circumstances: Theft involving property stolen from a governmental institution or if the theft involved a firearm.
   • Penalties: A conviction for Class 2 felony theft can result in 3 to 7 years in prison and fines of up to $25,000.
4. Class 1 Felony Theft:
   • Value: The value of the stolen property is over $500,000 but not more than $1,000,000.
   • Circumstances: Theft involving certain aggravated circumstances, such as prior theft convictions or theft of anhydrous ammonia.
   • Penalties: A conviction for Class 1 felony theft can result in 4 to 15 years in prison and fines of up to $25,000.
5. Class X Felony Theft:
   • Value: The value of the stolen property is over $1,000,000.
   • Penalties: A conviction for Class X felony theft can result in 6 to 30 years in prison with no possibility of probation and fines of up to $25,000.

Employee Theft and Embezzlement in Illinois

In addition to general theft charges, Illinois law under 720 ILCS 5/16-1 also encompasses specific types of theft, such as employee theft and embezzlement. These crimes involve stealing from an employer or misappropriating funds or property entrusted to an employee.

Employee Theft

Employee theft occurs when an employee steals property or funds from their employer. This can include actions such as:

• Taking Money from the Cash Register: Stealing cash directly from a point-of-sale system.
• Misusing Company Credit Cards: Using a company credit card for unauthorized personal purchases.
• Falsifying Expense Reports: Submitting fraudulent expense reports for reimbursement.
• Stealing Inventory: Taking merchandise or other property owned by the employer.

Employee theft can result in misdemeanor or felony charges, depending on the value of the stolen property.

Embezzlement

Embezzlement is a form of theft that involves the fraudulent appropriation of property or funds by a person who was entrusted with them. This often occurs in situations where an employee, accountant, or financial officer has access to a company’s funds and uses that access to divert money for personal use.

Embezzlement can be particularly complex, involving multiple transactions over a period of time. As with other forms of theft, the severity of embezzlement charges depends on the amount of money or value of the property stolen.

Defenses Against Theft Charges in Illinois

Successfully defending against theft charges in Illinois requires a strategic and comprehensive approach. Andrew M. Weisberg will thoroughly investigate the circumstances of your case, scrutinizing every piece of evidence and questioning the validity of the prosecution’s claims. Some potential defense strategies may include:

• Lack of Intent: The prosecution must prove that you intended to permanently deprive the owner of the property. If there is doubt about your intent, this could be a significant defense.
• Mistaken Identity: If you were wrongly identified as the person responsible for the theft, Andrew will work to uncover evidence that points to your innocence.
• Consent: If the owner of the property gave you permission to take or use the property, this could serve as a defense against theft charges.
• Duress or Coercion: If you were forced or coerced into committing the theft under threat of harm, Andrew may argue that you acted under duress.

Andrew will work tirelessly to build a strong defense, aiming to reduce the charges, negotiate a favorable plea, or secure an acquittal.

The Importance of Early Legal Intervention

If you have been charged with theft under 720 ILCS 5/16-1, it is crucial to seek legal representation as soon as possible. Early intervention by a skilled attorney can make a significant difference in the outcome of your case. Andrew M. Weisberg will take immediate action to protect your rights, gather evidence, and develop a defense strategy tailored to your specific situation.

Andrew M. Weisberg: Committed to Your Defense

Facing theft charges can be overwhelming and stressful. Andrew M. Weisberg is committed to providing compassionate and effective legal representation throughout the entire process. He will keep you informed at every stage, answer all your questions, and fight tirelessly to protect your rights and future.

Contact the Law Offices of Andrew M. Weisberg Today

If you have been arrested or charged with theft under 720 ILCS 5/16-1 in Illinois, don’t delay in seeking legal representation. Andrew M. Weisberg is available 24/7 to discuss your case and provide the immediate assistance you need.

Contact Andrew today for a free, confidential consultation:

• Phone: Call (773) 908-9811 anytime, day or night.
• Online: Fill out the Case Review form on our website, and we will get back to you promptly.

Remember, the sooner you have an experienced attorney on your side, the better your chances of achieving a favorable outcome. Let Andrew M. Weisberg put his expertise to work for you.