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Identity Theft Attorneys, Chicago, Illinois

What is Identity Theft?

Under Illinois Law, 720 ILCS 5/16G 15 (a), a person commits the Illinois criminal offense of identity theft when they knowingly:

(1) use any personal identifying information or personal identification document of another person to fraudulently obtain credit, money, goods, services, or other property, or

(2) uses any personal identification information or personal identification document of another with the intent to commit any felony theft or other felony violation of State law not set forth in paragraph (1) of this subsection (a), or

(3) obtains, records, possesses, sells, transfers, purchases, or manufactures any personal identification information or personal identification document of another with the intent to commit or to aid or abet another in committing any felony theft or other felony violation of State law, or

(4) uses, obtains, records, possesses, sells, transfers, purchases, or manufactures any personal identification information or personal identification document of another knowing that such personal identification information or personal identification documents were stolen or produced without lawful authority, or

(5) uses, transfers, or possesses document making implements to produce false identification or false documents with knowledge that they will be used by the person or another to commit any felony theft or other felony violation of State law, or

(6) uses any personal identification information or personal identification document of another to portray himself or herself as that person, or otherwise, for the purpose of gaining access to any personal identification information or personal identification document of that person, without the prior express permission of that person, or

(7) uses any personal identification information or personal identification document of another for the purpose of gaining access to any record of the actions taken, communications made or received, or other activities or transactions of that person, without the prior express permission of that person.

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What are the Penalties for Identity Theft?

Generally, identity theft for goods or services or other property not exceeding $300.00 is a Class 4 felony. In Illinois, a Class 4 felony is punishable by 1 to 3 years in prison and probation is a possibility. However, if the value of the goods or services or other property is:

(1) $300 to $2,000 it is a Class 3 Felony. In Illinois, a Class 3 felony is punishable by 2 to 5 years in prison and probation is a possibility;

(2) $2,000 to $10,000 it a Class 2 Felony. In Illinois, a Class 2 felony is punishable by 3 to 7 years in prison and probation is a possibility;

(3) $10,000 to $100,000 it is a Class 1 Felony; In Illinois, a Class 1 felony is punishable by 4 to 15 years in prison and probation is a possibility;

(4) exceeding 100,000, then it is Class X Felony. In Illinois, a Class X felony is punishable by 6 to 30 years in prison and probation is not available for a Class X felony.

However, these penalties may be enhanced if the victim was a member of the armed forces, elderly, and/or disabled. Further, the class of felonies may be further enhanced if the Defendant has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, home repair fraud, aggravated home repair fraud, or financial exploitation of an elderly or disabled person. It is important for a person charged with Identity Theft to hire an Identity Theft attorney that is experienced and familiar with the law in this area.

The Chicago criminal defense attorneys at Legal Defenders, your Identity Theft attorneys, have extensive experience in representing individuals charged with Identity Theft throughout Cook County and Chicago land. The Chicago criminal defense attorneys at Legal Defenders, your identity theft attorneys, understand the differences between Class 1, Class 2, Class 3, Class 4 and Class X Illinois felony Identity Theft. In addition, the Chicago criminal defense attorneys at Legal Defenders, your Identity Theft attorneys, are familiar with the various sentencing ranges for Identity Theft and understand the complexities of the various sentencing factors. To discuss your particular Illinois Identity Theft case, call the experienced Chicago criminal defense attorneys at Legal Defenders, your Identity Theft attorneys, to discuss your particular Illinois Identity Theft case.

for a Confidential Consultation

What is Aggravated Identity Theft?

A person commits the Illinois criminal offense of Aggravated Identity Theft when they commit the offense of identity theft against a person 60 years of age or older, a disabled person or in furtherance of the activities of an organized gang.

What are the Penalties for Aggravated Identity Theft?

The sentences for Aggravated Identity Theft depend on the value of the goods or services or other property. The sentences for Illinois Aggravated Identity Theft are as follows:

(1) If the value of the goods or services exceeds $300, it is a Class 3 felony. In Illinois, a Class 3 felony is punishable by 2 to 5 years in prison and probation is a possibility;

(2) if the value of the goods or services is between $300 and $10,000, it is a Class 2 felony. In Illinois, a Class 2 felony is punishable by 3 to 7 years in prison and probation is a possibility;

(3) if the value of the goods or services is between $10,000 and $100,000, it is a Class 1 felony. In Illinois, a Class 1 felony is punishable by 4 to 15 years in prison and probation is a possibility;

(4) if the value of the goods and services exceeds $100,000, it is a Class X felony. In Illinois, a Class X felony is punishable by 6 to 30 years in prison and probation is not available for a Class X felony.

However, if a person has previously been convicted of an Aggravated Identity Theft, any subsequent case is considered a Class X felony regardless of the amount. In Illinois, a Class X felony is punishable by 6 to 30 years in prison and probation is not available for a Class X felony.
It is important for a person charged with Identity Theft and Aggravated Identity Theft, to hire an Identity Theft attorney that is experienced and familiar with the law in this area.

The Chicago criminal defense attorneys at Legal Defenders, your Identity Theft attorneys, have extensive experience in representing individuals charged with Identity Theft and Aggravated Identity Theft throughout Cook County and Chicago land. The Chicago criminal defense attorneys at Legal Defenders, your Identity Theft attorneys, understand the differences between Class 1, Class 2, Class 3, Class 4 and Class X Illinois felony Identity Theft and Aggravated Identity Theft. In addition, the Chicago criminal defense attorneys at Legal Defenders, your Identity Theft attorneys, are familiar with the various sentencing ranges for Identity Theft and Aggravated Identity Theft and understand the complexities of the various sentencing factors. To discuss your particular Illinois Identity Theft and Aggravated Identity Theft case, call the experienced Chicago criminal defense attorneys at Legal Defenders, your Identity Theft attorneys.

for a Confidential Consultation

 

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