Daniel D. Hinich – burglary and robbery defense lawyer near Chicago
I represent those charged with misdemeanor theft or felony theft charges. The Illinois criminal statute refers to theft as:
- Taking unauthorized control over property of another
- Obtaining control over property of another by threat or deception
- Obtaining stolen property — either knowing the property is stolen, or under circumstances that should lead to a reasonable belief that the property was stolen (720 Ill. Comp. Stat. §5/16-1(a)).
At The Law Offices of Daniel D Hinich we defend those charged with all four (4) classes of theft as defined by the criminal statutes.
Class A Misdemeanor
If the worth of the products taken was $1 or $499 you will certainly be charged with a Class A Misdemeanor. Any type of penalties for burglary under 720 ILCS 5/16 -1 that is valued less than $500 is a Class A misdemeanor as well as a sentence of up to one (1) year in jail. The amount of the fine involved was recently increased from $150 to $500.
The theft of property valued at $500 or less is considered a Class A misdemeanor in Illinois (as long as the property is not taken directly from the person of another). (720 Ill. Comp. Stat. §5/16-1(b)(1).) This level of theft is commonly known as petty theft.
Likewise, theft of property with a full retail value of less than $300 (or retail theft) is a Class A misdemeanor.
The typical penalty for being guilty of a Class A misdemeanor in the state of Illinois is a sentence of imprisonment for less than one year and a fine of no more than $2,500 for each offense, plus payment of restitution for losses associated with the theft. (730 Ill. Comp. Stat. § 5/5-4.5-55.)
Illinois Class 4 Felony Theft Charges
A burglary where the value is above $500 is considered a felony offense. What level of felony you are accused of will be determined by the value of the things. Theft of property is considered a Class 4 felony if the offense is committed in a school or place of worship, or if the theft was of governmental property (assuming the property was not taken from the person of another and does not exceed $500 in value). (720 Ill. Comp. Stat. § 5/16-1.) Additionally, a theft offense that would ordinarily otherwise qualify as a Class A misdemeanor (see above for details) will be charged as Class 4 felony theft if the offender’s criminal record includes a conviction for any theft-related offense. (720 Ill. Comp. Stat. § 5/16-1(b)(2).) Punishment for a Class 4 felony is a sentence of one to three years and a fine not to exceed $25,000, plus payment of restitution for losses associated with the theft. (730 Ill. Comp. Stat. § 5/5-4.5-45.)
This can be a frightening situation for a first time defendant, we can help, give us a call.
Class 3 Felony Charges in Illinois
If the value of just what was taken is over $500 however under $10,000 you will be charged with a class 3 felony. A class 3 felony brings a 2-5 year possible prison sentence. The theft of property valued at more than $500 and not more than $10,000 is a Class 3 felony under Illinois law. (720 Ill. Comp. Stat. § 5/16-1. If the property that is the subject of the theft is valued at less than $500, the offense is a Class 3 felony if the property is taken from the person of another. Also, any retail theft of property with a retail value of more than $300 is a Class 3 felony. (720 Ill. Comp. Stat. § 5/16A-10.) A Class 3 felony conviction usually results in a sentence of two to five years of imprisonment, a fine not to exceed $25,000, plus payment of restitution for losses associated with the theft. (730 Ill. Comp. Stat. § 5/5-4.5-40.)
Class 2 Felony Theft Charges in Illinois
Theft becomes a Class 2 felony offense in Illinois if property valued at less than $500 is taken from the person of another; or if property is valued at between $500 and $10,000 in value and the theft is committed in a school, in a place of worship, or if the property belongs to the government. (720 Ill. Comp. Stat. § 5/16-1(b)(4.1), (5).) A Class 2 felony conviction can result in a sentence of imprisonment ranging from three to seven years and a fine of not more than $25,000, plus payment of restitution for losses associated with the theft. (730 Ill. Comp. Stat. § 5/5-4.5-35.)
Illinois Class X Felony Charges
If the worth of exactly what was taken surpasses $1,000,000 you will certainly be arrested for a class X felony. A Class X Felony is a non-probationable felony and the criminal sentence ranges between 6-30 years if an individual is convicted.
Call for a free appointment if you are charged with a theft crime in Illinois, we can help. Contact Mr. Hinich at 312-465-8000 or call us right here for a cost-free appointment.