Theft Attorney in Chicago

Defending Clients Facing Theft Crime Charges in Illinois

Theft crimes encompass a wide range of criminal activities, including shoplifting, burglary & robbery, carjacking, receiving or possessing stolen property, and white-collar offenses such as counterfeiting, fraud, insider trading, and embezzlement. Federal crimes, including identity theft, credit card fraud, extortion, larceny, and tax evasion, also fall under theft offenses. 

If you are under investigation or facing charges for any type of theft crime, your first step should be to contact a knowledgeable and talented theft lawyer in Chicago who can protect your rights and interests. The Toney Law Firm, LLC is highly experienced in handling cases related to criminal defense laws and procedures in both state and federal court settings. Working with a qualified theft attorney in Chicago can make a significant impact on your case.

Theft charges can carry severe penalties. Schedule a case evaluation by calling (888) 473-4058 with an experienced theft attorney in Chicago to start building your defense strategy today!

Understanding Theft Laws in Illinois

In Illinois, the laws governing theft crimes are primarily found in the Illinois Compiled Statutes (ILCS) Chapter 720, Section 5/16-1, which defines the offense of theft. The law states that a person commits theft when they knowingly obtain or exert unauthorized control over property of the owner, or obtain by deception control over property of the owner, and intend to deprive the owner permanently of the use or benefit of the property. 

The key element in a theft case is the intent to deprive. The state must prove that you had the specific intent to permanently or temporarily take the property from the owner. A knowledgeable theft attorney in Chicago will meticulously analyze the specific statute under which you are charged to find any weaknesses in the prosecution's case.

The prosecution's case often relies on the testimony of the alleged victim, loss prevention officers, and surveillance footage. As a seasoned Chicago theft defense lawyer, we will challenge the government's evidence at every turn, scrutinizing the methods used to collect and analyze the evidence and questioning the credibility of their witnesses.

Classifications and Degrees of the Offense

In Illinois, the penalties for a theft crime are determined by the value of the stolen property and the number of prior convictions. The penalties escalate significantly with the value of the stolen goods.

• Petty Theft (Misdemeanor): For property valued at $500 or less, the offense is petty theft, a Class A misdemeanor. The penalty is up to one year in jail and a fine of up to $2,500.
• Felony Theft (Grand Larceny): The charge is elevated to a felony if the value of the stolen property is over $500 or if the offense involves specific types of property. The penalties increase based on the value of the stolen goods:
• Class 4 Felony: For property valued between $500 and $10,000, the offense is a Class 4 felony, punishable by a prison sentence of one to three years and a fine of up to $25,000.
• Class 3 Felony: For property valued between $10,000 and $100,000, the offense is a Class 3 felony, punishable by a prison sentence of two to five years and a fine of up to $25,000.
• Class 2 Felony: For property valued between $100,000 and $500,000, the offense is a Class 2 felony, punishable by a prison sentence of three to seven years and a fine of up to $25,000.
• Class 1 Felony: For property valued at $500,000 or more, the offense is a Class 1 felony, punishable by a prison sentence of four to 15 years.
• Retail Theft: A specific type of theft crime. Retail theft of goods valued at less than $300 is a Class A misdemeanor for a first offense. A second or subsequent conviction, or a theft of goods over $300, is a felony.
• Robbery and Burglary: These are separate and more serious offenses that are often charged alongside theft. A robbery involves taking property from a person through the use of force or threats, while a burglary involves entering a building with the intent to commit a crime.

A knowledgeable theft attorney in Chicago will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Penalties for Theft Crimes in Illinois

In Illinois, theft crimes are vigorously prosecuted and can result in serious and lasting consequences. There is a broad range of theft charges, and the penalties for each will vary depending on the circumstances of your case. The charges you face and the potential penalties can be extremely harsh, many of which carry long-term consequences. A theft attorney in Chicago can help you navigate the specific risks and penalties you are facing for your charges.

These consequences can include:

• Incarceration
• Restitution
• Substantial fines
• Probation
• Community service
• A criminal record

Collateral Consequences

A criminal record for a theft crime can follow you for the rest of your life, making it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

The Legal Process for Theft Charges in Cook County

Once a theft charge is filed in Chicago, your case will be set for a series of court dates at the Cook County Criminal Court, often beginning with a bond hearing. Throughout the process, it is crucial to have a theft attorney in Chicago who is not only familiar with Illinois law but also understands the policies and procedures unique to the Cook County system. 

Our team works closely with clients from the first hearing through every stage of litigation—from pretrial discovery and negotiations to evidentiary hearings and, when necessary, trial.

1. Investigation and Arrest: The process begins with an investigation and arrest; it is crucial to remain silent and request a lawyer immediately.
2. Arraignment: This is your first appearance before a judge, where you will be formally notified of the charges and enter a plea. We will advise you on the appropriate plea and begin the process of gathering information to build your defense.
3. Preliminary Hearing (for felonies): For felony cases, a preliminary hearing is held to determine if there is enough probable cause to send your case to a grand jury. This is a critical opportunity for us to cross-examine police officers and witnesses and to challenge the state's evidence early in the process.
4. Discovery: We review all of the evidence the prosecution intends to use against you, including police reports, witness statements, and video footage, to find any weaknesses or inconsistencies.
5. Pre-Trial Motions and Plea Negotiations: Based on our review of the evidence, we may file pre-trial motions to challenge illegally obtained evidence or procedural errors. We will also engage in negotiations with the prosecutor, seeking a favorable agreement, such as a reduction of charges to a lesser offense.
6. Trial and Sentencing: If a plea agreement cannot be reached, we are prepared to take your case to trial. If a conviction occurs, we will present mitigating evidence and arguments during sentencing to seek the most lenient sentence possible.

Defenses & Strategies for Theft Crime Cases in Chicago

No two theft cases in Chicago are the same, and a successful defense requires both a thorough evaluation of the facts and an understanding of local court practices. Common defenses for theft crimes may include:

• Lack of Intent: This is the most crucial element to challenge. The prosecution must prove that you had the specific intent to permanently or temporarily deprive the owner of their property. We can argue that the incident was a misunderstanding, a simple mistake, or that you had a legitimate claim of right to the property.
• Insufficient Evidence: The prosecution must prove its case beyond a reasonable doubt. We will argue that the evidence presented is not sufficient to meet this high standard, either because the witness testimony is inconsistent or the surveillance footage is inconclusive.
• Mistaken Identity: We can argue that you have been misidentified as the person who committed the crime. This defense is particularly strong when the identification is based on a flawed witness lineup or a single, fleeting observation.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.

The Toney Law Firm, LLC is recognized for a detail-oriented and creative approach to defense. Our theft lawyers in Chicago evaluate the possibility of pre-trial diversion, plea negotiations, or, when appropriate, contesting the charges at trial. We prioritize your rights, reputation, and long-term future in every strategy we pursue as your theft attorney in Chicago. Because Chicago courts place a premium on efficient case resolution, having a legal advocate familiar with the nuances of both state and local law can make a measurable difference in the outlook of your theft case.

Choose an Experienced Theft Attorney in Chicago to Fight for You!

A relentless defense is essential, and an attorney from our firm is prepared to provide the advocacy you need. This is not the time to trust your future to the inexperienced. Your freedom, livelihood, legal record, and reputation are all at stake. Your theft lawyer in Chicago should be highly experienced in litigation and have a strong track record of defending theft charges and achieving favorable results.

Being accused of a theft crime can cause serious personal and professional repercussions. Your attorney will thoroughly examine every aspect of the evidence and facts surrounding your case to build a defense that best protects your interests. We understand that you are under enormous pressure to obtain a positive outcome, and your theft attorney in Chicago will provide aggressive and thoughtful representation in your legal matter.

Contact us today at (888) 473-4058 for a free consultation and immediate legal assistance from a theft attorney in Chicago.

Frequently Asked Questions About Theft Attorneys in Chicago

What should I do if I am contacted by police about a theft investigation in Chicago?

If police contact you about a theft case, do not answer questions without first consulting a theft attorney in Chicago. Anything you say can be used against you, even if you believe you are innocent. Politely request legal representation before speaking further.

How do prior theft convictions affect new charges?

Repeat offenses can significantly increase penalties, including longer jail sentences, higher fines, and fewer opportunities for diversion or probation. A theft lawyer in Chicago can work to reduce the impact of prior records on your current case.

Is it possible to negotiate a plea deal in a theft case?

Yes, depending on the facts, prosecutors may agree to reduced charges or alternative sentencing such as community service, restitution, or probation. Having an experienced theft attorney in Chicago is key to negotiating favorable terms.

Can a theft conviction in Illinois be expunged or sealed?

Whether a theft conviction can be cleared depends on the charge, the outcome of the case, and your criminal history. Many dismissed or misdemeanor cases can be expunged, while some felony theft convictions may only qualify for sealing after a waiting period. A theft attorney in Chicago can help determine eligibility and handle the process.

Do theft charges affect immigration status?

Yes. Theft is considered a crime of moral turpitude and can have serious consequences for non-citizens, including deportation or denial of future immigration benefits. Immediate legal representation is critical for anyone facing theft charges while on a visa or green card.

What steps should I take if accused of shoplifting in Chicago?

If accused of shoplifting, avoid making statements to store security or police. Contact a theft lawyer in Chicago as soon as possible to review the evidence, such as surveillance footage, and to challenge improper searches or mistaken identity.

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