Theft Charge Defense Lawyer for Kane & DuPage County

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Theft, Embezzlement & Stolen Property Charges in Illinois

A Theft Charge Can Follow You Long After the Case Ends

Theft charges are about more than the dollar amount. Because theft is considered a crime of dishonesty, even a misdemeanor conviction can follow you into job applications, professional licensing and immigration matters. Attorney Joseph S. Angelillo defends people charged with theft, embezzlement, receiving stolen property and related offenses in Kane County and DuPage County. Call (630) 688-7511 for a free consultation.

This page is general information about Illinois law, not legal advice about your situation, and reading it does not create an attorney-client relationship. Every case turns on its own facts, and no lawyer can promise a particular result.

What Counts as Theft in Illinois?

The general Illinois theft statute (720 ILCS 5/16-1) covers several ways of taking property. A person may be charged with theft for knowingly:

• obtaining or exerting unauthorized control over someone else’s property;
• obtaining control over property by deception, such as false statements or fraudulent schemes;
• obtaining control by threat;
• obtaining control over property that is in the custody of law enforcement and was represented as stolen; or
• obtaining control over stolen property knowing it was stolen, or under circumstances that would reasonably lead a person to believe it was stolen.

In most theft cases the State must also prove intent, such as the intent to permanently deprive the owner of the use or benefit of the property. Workplace embezzlement, theft by an employee, contractor or caregiver, and many fraud allegations are prosecuted under this statute or related laws.

Shoplifting is usually charged under a separate retail theft statute with its own value threshold. Our retail theft overview explains those cases in more detail.

How Illinois Grades Theft

The seriousness of a theft charge depends mainly on the value of the property and the circumstances. As a general guide:

• $500 or less (not taken from the person) is usually a Class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,500.
• More than $500 and up to $10,000 is generally a Class 3 felony.
• Higher values are graded as more serious felonies, up to a Class X felony for the largest amounts.
• Theft from the person is a felony even when the value is low.
• A prior theft-related conviction can raise a low-value theft to a felony.
• Location and victim factors, such as theft from a school, place of worship or certain governmental property, can increase the class of the offense.

Felony theft carries the possibility of prison, although many felony theft charges are probation-eligible. Restitution to the owner is commonly ordered in addition to any other sentence.

Defending a Theft Charge

Theft cases often hinge on intent, value and identity. We look closely at:

• Intent. A misunderstanding over ownership, a borrowed item, a business or billing dispute, or a mistake is not the same as theft.
• Value. The State must prove the value it alleges. An inflated value can turn a misdemeanor into a felony.
• Identity. Surveillance video, photo lineups and witness descriptions can be unreliable.
• Knowledge. In stolen property cases, the State must prove you knew, or reasonably should have believed, that the property was stolen.
• Statements and searches. Whether evidence or statements were obtained lawfully.

Depending on the facts and your record, a case may be dismissed, reduced, resolved through court supervision or a diversion program for eligible first offenders, or taken to trial. In some cases, early restitution can be part of the conversation with the prosecutor. We will explain the realistic options and the risks of each before you decide.

Protecting Your Record

Because a theft conviction can be such an obstacle, the type of resolution matters. A dismissal, an acquittal, or a successfully completed supervision may later be eligible for expungement, and many convictions may be eligible for record sealing after a waiting period. We consider those long-term effects from the start of the case.

Related Charges We Handle

Theft allegations frequently overlap with other offenses. We also defend people charged with deceptive practices (such as writing checks on insufficient funds), theft of services, identity theft and unauthorized use of financial information, possession of burglary tools, and burglary-related charges. When property was damaged rather than taken, the case may be charged as criminal damage to property.

If You Are Accused of Theft

• Do not give a written or recorded statement to an employer, loss prevention investigator or police officer before speaking with a lawyer.
• Do not sign an admission or a promise to repay without understanding how it may be used in a criminal case.
• Keep receipts, emails, text messages and bank records that show ownership, permission or a business arrangement.
• Respond to any civil demand letter carefully; it is separate from the criminal case.

Theft Cases in Kane and DuPage County

In Kane County, misdemeanor theft cases are often heard at the branch courts, and felony cases at the Kane County Judicial Center in St. Charles. In DuPage County, theft cases are heard at the DuPage County Judicial Center in Wheaton. For courthouse details, see our Kane County criminal defense guide and DuPage County criminal defense guide, or our main criminal defense page.

If you or someone in your family has been charged with theft, contact Angelillo Law or call (630) 688-7511 for a free consultation.

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Angelillo Law

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2325 Dean Street, Ste 800F

St. Charles, IL 60175

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