Rock Island Theft Defense Attorney

Under Illinois law, there are many different types of theft. How serious the charges are will depend on factors like the type of theft and on the value of the property stolen. In one way, though, theft charges are always serious. Theft is considered a crime of dishonesty, which means that even a relatively minor theft conviction can have an outsized impact in certain areas of your life, such as employment opportunities. 

If you’ve been charged with theft of any type, you’ll want to talk to an experienced Rock Island theft criminal defense attorney as soon as possible. 

What is Theft? 

Most people think of theft as picking up something belonging to someone else and taking it for their own without the owner’s permission. That is a type of theft, but it’s not the only one. Under Illinois law, theft can occur in many ways, including: 

• Obtaining or exerting unauthorized control over the property, or
• Obtaining control over the property by deception, or
• Obtaining control over the property by threat, or
• Knowingly obtaining control over stolen property

However, simply obtaining control over the property in some illicit way is not sufficient for a theft conviction. The actions above only constitute theft if the person committing the act: 

• Intends to permanently deprive the owner of the use of the property, or
• Knowingly uses, hides or abandons the property in a way that permanently deprives the owner of its use, or
• Uses, conceals or abandons the property knowing that those actions will probably permanently deprive the owner of its use

Penalties for a Theft Conviction in Illinois

For this type of theft, the classification of the crime and the possible penalty depends on the value of the property stolen or received, and on where and how the crime occurs. 

Theft is a Class A misdemeanor if the property is valued at $500 or less, the property was not taken from a person, and no other statutory factors apply. That means a possible jail sentence of up to 12 months and a fine of up to $2,500. A person convicted of theft may also be required to make restitution to the victim. 

Theft becomes a felony if the property is valued at more than $500, or if certain other circumstances apply. For example, the crime is elevated to a class 4 felony with a possible prison sentence of 1-3 years if: 

• The theft occurs in a school or place of worship, or
• The theft was of government property, or
• The defendant has previously been convicted of a theft crime

Theft is a class 3 felony with a possible sentence of 2-5 years if: 

• Property not exceeding $500 in value is taken from the person, or
• The property is valued at more than $500, but not more than $10,000

Theft is a class 2 felony with a possible sentence of 3-7 years in prison if: 

• The theft would otherwise be a class 3 felony for one of the reasons listed above, but: 
  • The theft occurs in a school or place of worship, or
  • The theft is of government property, or
• The property is valued at more than $10,000 but not more than $100,000

Theft is a class 1 felony with a possible sentence of 4-15 years in prison if: 

• The property is valued at more than $10,000 but not more than $100,000 and the theft occurs in a school or place of worship, or
• The property is valued at more than $10,000 but not more than $100,000 and is government property, or
• The property is valued at more than $100,000 but not more than $500,000

If the property is valued at more than $500,000 but not more than $1,000,000 and no other factors apply, the crime is still classified as a class 1 felony with the same sentencing range, but probation is not an option.

Theft is a class X felony with a possible sentence of 6-30 years if:

• The property is valued at more than $100,000 and the theft occurs in a school or place of worship, or
• The property is valued at more than $100,000 and is government property, or
• The property is valued at more than $1,000,000

Note that this list is not exhaustive. Illinois theft law is complex and other factors may affect the classification of a theft crime. For example, theft by deception may be a more serious felony if the victim is 60 or older or disabled, or if the thief obtains the property by pretending to be a landlord or potential employer. The best source of information about the possible consequences of the specific theft crime you are charged with is an experienced local theft defense lawyer. 

Other Theft Crimes

Illinois also prohibits a wide range of other specific types of theft and theft-related crimes, including: 

• Theft of lost property
• Theft of labor or services
• Theft of use of property
• Failure to return a rented vehicle or equipment
• Failure to return library materials valued at $50 or more
• Theft from a coin-operated machine
• Unlawful possession of theft-related devices

If You’ve Been Charged with Theft, Get Help Now

Any theft conviction can have a lasting impact on your life, and that’s especially true if the charge is a felony. I have extensive experience fighting for people charged with crimes in and around Rock Island, and I interned with the local prosecutor’s office. So, I know what you’re against, and I know what’s at stake.

The sooner you get reliable information and guidance, the better. Simple mistakes you make after your arrest can hurt your case. That’s why I offer free consultations to people charged with theft and other crimes. To schedule yours, fill out our contact form or call 309-752-8500 right now.