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Archive for the ‘property theft’ tag

What Is Grand Larceny?

September 27th, 2018 at 9:38 am

Chicago theft and larceny defense attorneyLarceny, more commonly referred to as theft, occurs when a person knowingly obtains the property of another with the intention of permanently depriving the owner of their property, as per 720 ILCS 5/16-1. The degree of larceny or theft that an individual is charged with depends on the value of the property taken. Larceny charges do not include robbery, armed robbery, burglary, carjacking, or other crimes of violence, which are punished more severely than larceny offenses.

“Grand” larceny or “grand” theft is commonly thought of as the threshold between a misdemeanor and a felony charge, though in Illinois that language is not specifically used. Illinois law classifies various degrees of larceny on a scale described below, with the highest felony classification for theft being a Class X felony, which can result in decades behind bars.

  • Class A Misdemeanor – The property taken is valued at $500 or less. Punishment includes a jail sentence of up to one year and a fine of up to $2,500.
  • Class 4 Felony – The property taken is valued at $500 or less and was taken from a school or place of worship. Punishment includes a prison sentence of one to three years, with a maximum fine of $25,000.
  • Class 3 Felony – The property taken is valued at $500 to $10,000. Punishment includes a prison sentence between two and five years and a fine of up to $25,000.
  • Class 2 Felony – The property taken is valued at $10,000 to $100,000, or it is valued at $500 to $10,000 and was taken from a school or place of worship. Punishment includes a prison sentence between three and seven years and a fine of up to $25,000.
  • Class 1 Felony – The property taken is valued at $100,000 to $500,000, or it is valued at $10,000 to $100,000 and was taken from a school or place of worship. Punishment includes a prison sentence between four and 15 years and a fine of up to $25,000.
  • Class 1 Felony Non Probationary – The property taken is valued between $500,000 and $1 million. Punishment includes a prison sentence of up to 30 years and a fine of up to $25,000.
  • Class X Felony – The property taken is valued at over $1 million, or it is valued at more than $100,000 and was taken from a school or place of worship. Punishment includes a prison sentence between six and 30 years a fine of up to $25,000.

Restitution

In addition to the fines listed above, the victim can also seek repayment for the value of the property that was stolen and the financial losses they suffered as a result of larceny. This is referred to as restitution. For example, a victim whose pickup truck was stolen may have lost $4,000 in revenue because their small landscaping business went without a truck for a month, and they may have lost $4,000 in productivity during the time period it took to purchase a new vehicle or have theirs returned to them. Thus, they may claim restitution of $8,000.

Contact a Rolling Meadows Larceny Defense Attorney

Theft is one of the most prevalent offenses in Illinois, and here in Cook County, there are over 1,800 counts of theft per 100,000 inhabitants, according to the Illinois State Police. Those charged with any degree of theft need to protect themselves by contacting a skilled attorney. We urge you to contact dedicated Cook County criminal defense lawyer Christopher M. Cosley for assistance today. Call our office at 847-394-3200 to arrange a free consultation.

Sources:
http://www.isp.state.il.us/docs/cii/cii16/cii16_SectionI_Pg11_to_246.pdf
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1

The Crime of Theft by Deception in Illinois

May 16th, 2016 at 7:58 am

Illinois theft by deception, Rolling Meadows Theft Crimes Defense AttorneyThe crime of theft can take many forms in Illinois. One way to commit theft is through the use of deception to obtain control over property belonging to another. Under 720 ILCS 5/16-1(2), theft by deception is illegal. Just like with ordinary theft and retail theft, the fines and punishments associated with the theft crime is tied to the value of the item that was stolen by the use of deception. The fine can range from $5,000 to up to $100,000. Additionally, penalties can be steeper if the victim was over the age of 60 years old or if the criminal defendant posed as a landlord in order to steal money or property from the victim. When you are facing criminal theft charges, a theft attorney can help you.  

Just like normal theft, theft by deception involves the taking of property from another with the intent to deprive the owner of the property or his or her enjoyment of the property. The elements required to prove theft by deception include:

  1. That there was a victim who was induced to part with his or her money or property;
  2. That the victim’s transfer of the money or property to the criminal defendant was based upon deception on the part of the defendant;
  3. That the defendant intended to permanently deprive the victim of the property or money; and
  4. That the defendant acted with the specific intent to defraud the victim of his or her property or money.

These elements must be proven beyond a reasonable doubt by the prosecution in order to convict the criminal defendant. A theft conviction is a serious matter and will show up on the defendant’s criminal record.

Typical Examples of Theft By Deception

Theft by deception can occur in a number of ways. A few of the most common examples include situations where the criminal defendant:

  • Pretends to be authorized to take the property, such as money or an item;
  • Misleads someone into thinking that you are authorized to take the property;
  • Misrepresents facts on a loan application;
  • Tricks someone into thinking they are getting one thing in exchange for their property, but in reality they are getting another;
  • Poses as someone else in order to extract money or property from another; or
  • Fraudulently causes someone to enter into a contract through deception.

Since this form of theft involves deception, it is possible that a criminal defendant might also find him or herself facing fraud charges as well, depending on the facts and circumstances that are applicable to his or her specific case.

Reach Out to Us for Help Today

Regardless of whether the evidence you is sparse, or is a lock,  you should contact an experienced theft attorney immediately. Your lawyer will fight to defend against the charges against you, or can negotiate the best possible plea agreement based on your specific circumstances. Please contact a skilled Rolling Meadows theft crimes defense attorney at our office for help with your case. We offer professional assistance to our clients in Illinois.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=36500000&SeqEnd=39200000

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