What Are the Criminal Penalties for Identity Theft in Illinois?

 Posted on September 10, 2020 in Criminal Defense

Theft can encompass many different actions, not just taking something that is not yours. Identity theft is the deliberate use of another person’s identity, typically to gain a financial advantage or obtain credit and other benefits. Often considered a “white-collar crime,” identity theft has become prevalent in recent decades due to the emergence of the Internet and online computing for banking, shopping, and other activities. Stealing someone’s identity can have serious consequences in Illinois, including prison and hefty fines depending on the circumstances of the case. If you are facing charges for any theft crime, it is imperative that you speak with an experienced criminal defense attorney as soon as possible to protect your rights. 

What Actions Constitute Identity Theft?

Identity theft often precedes financial crimes such as credit card fraud, and in these scenarios, alleged offenders can also face charges for the financial crime. Identity theft occurs when an individual takes someone else’s personal identification, without permission, or any other information that can be used to access a person’s medical documents or financial resources, such as the following:

• Name

• Date of birth

• Driver’s license number

• Social Security number

• Bank account or credit card numbers

• Personal identification numbers (PINs)

• Electronic signatures

• Fingerprints

• Passwords

Illinois Punishments for Identity Theft

According to Illinois law, any form of identity theft is charged as a felony. The penalties for this crime depend on the value of the items that were taken. For instance, if the value of the money, goods, services, credit, or other property is between a certain amount, the classification of the felony will be charged accordingly, punishable by a prison sentence: 

• Below $300: Class 4 felony; 1-4 years in jail

• $300-$2,000: Class 3 felony; 2-5 years in jail

• $2,000-$10,000: Class 2 felony; 3-7 years in jail

• $10,000-$100,000: Class 1 felony; 4-15 years in jail

• Over $100,000: Class X felony; 6-30 years in jail

Contact a Will County Criminal Defense Lawyer

You may not think identity theft is that serious of a crime, but it can carry stiff punishments in Illinois. At McNamara Phelan McSteen, LLC, we understand how any type of criminal charge can ruin your reputation. We are well-versed in Illinois criminal law and will work hard to reduce your charges or drop them altogether. Our tenacious Joliet theft defense attorneys will carefully examine the details of your case to identify any police procedural errors that can be used in your defense. We will pursue the best possible outcome for your case. To schedule your free confidential consultation, call us today at 815-727-0100.

Sources:

https://ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-30

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+16%2C+Subdiv%2E+15&ActID=1876&ChapterID=53&SeqStart=40100000&SeqEnd=41000000