Property + Theft Crimes in Chicago, IL

Chicago Property + Theft Attorney

Property + Theft Attorney in Chicago, IL

If you are facing charges related to property crimes or theft in Chicago, it’s essential to have experienced legal representation to protect your rights and defend your case. Navigating the legal system can be daunting, regardless of the severity of the charges or your level of involvement in the crime. At Bernard Law, our Chicago property and theft crime attorneys understand the stress and uncertainty you may be experiencing. We are dedicated to providing robust defense strategies that are tailored to your unique situation, ensuring you receive the best possible outcome. 

Our team at Bernard Law takes a compassionate and personalized approach to each case, recognizing that every client’s circumstances are different. We believe in standing by our clients every step of the way, from the initial consultation to the resolution of the case. Whether you are facing minor theft charges or more serious allegations of property crime, our skilled attorneys have the expertise and commitment to defend your rights vigorously.

An Overview of Property and Theft Crimes 

Property and theft crimes involve the unauthorized taking or damage of someone else’s property. These crimes can range from minor infractions to serious felonies, depending on the value of the property involved and the circumstances of the offense. 

  • Theft: The act of taking someone else’s property with the intent to permanently deprive them of it. This includes shoplifting, larceny, and grand theft. 

  • Burglary: Unlawfully entering a building or property with the intent to commit a theft or felony. 

  • Robbery: Taking property from another person through force or intimidation. 

  • Vandalism: Willful destruction or damage to property. 

  • Fraud: Deceptive practices intended to secure unfair or unlawful financial gain. This includes identity theft, credit card fraud, and insurance fraud. 

What to Consider When You’re Charged With A Property Crime 

When facing a property crime or theft charge, it’s important to consider several critical factors to protect your rights and achieve the best possible outcome. Understanding the specific charges you face, the potential legal consequences, and the possible defenses is crucial whether you are innocent or guilty. The severity of the charges will influence potential penalties, ranging from fines and restitution to probation and imprisonment. 

The legal consequences of property crimes and theft charges can be severe and life-altering. They may include: 

  • Fines: Monetary penalties can range from small amounts for minor offenses to substantial sums for more serious crimes. 

  • Restitution: You may be required to compensate the victim for any loss or damage caused by the crime. 

  • Community Service: Some charges may result in mandatory community service hours. 

  • Probation: Instead of or in addition to jail time, you may be placed on probation, requiring regular check-ins with a probation officer and compliance with certain conditions. 

  • Imprisonment: Serious charges like grand theft, burglary, and robbery can result in significant prison sentences. 

These consequences can affect various aspects of your life, including your employment, housing, and personal relationships. Therefore, understanding the full scope of potential penalties is crucial. 

Criminal Damage to Property  

A person commits Criminal Damage to Property when he or she knowingly damages the property of another. This includes keying vehicles, puncturing tires, breaking car or house windows, and other types of property damage. Depending on the value of the property, a person can be charged with felony and face serious consequences. If the amount of damage does not exceed $500, the person will be charged with a Class A misdemeanor punishable by up to 364 days in jail and fine of up to $2,500.   

At Bernard Law, we are committed to providing legal assistance and guidance to individuals facing criminal charges, including those related to Criminal Damage to Property. If you require legal representation, please contact us today to schedule a consultation.

Criminal Trespass to Property

A person commits criminal trespass to property when he or she knowingly and without permission enters or remains within or on a building. A person can also be charged with criminal trespass to property if he or she is told to leave a property but refuses to leave. A typical scenario is a person is inside a particular establishment and is causing a disturbance. The person is then told leave by security but they refuse. In this scenario, a person could be charged with criminal trespass to property. Criminal Trespass to Property is a Class B misdemeanor.

Criminal Trespass to Vehicle

A person commits Criminal Trespass to Vehicle when he or she knowingly and without permission enters any part or operates any vehicle. A person can be charged with Criminal Trespass to a Vehicle even when they are a passenger to the vehicle. The State must prove beyond a reasonable doubt that the person had knowledge that they did not have permission to be in the owner's vehicle. For a passenger, proving him or her guilty beyond a reasonable doubt may be difficult.

Other Common Charges in Chicago, IL

Retail Theft  in Illinois

A person commits retail theft when he or she knowingly takes possession of or carries away merchandise with the intention of keeping such merchandise without paying the full retail price. Generally, to prove retail theft, the State must show that the person passed the last point of sale in order to satisfy the element that the alleged offender had the intention of keeping the merchandise without paying for it. Depending on the value of the merchandise, a person could be charged with a felony and face possible prison time.

Burglary Charges in Chicago, Illinois

A person commits burglary when he or she, without permission, enters a building with the intention to commit a felony or theft inside. A common example is a person entering a home without permission and taking the person’s TV or other property away from the house. Sometimes the State can have difficulty proving that the alleged offender had the intent to commit a theft or felony inside the building. For example, a person could unlawfully enter a building, look around, and leave. The State would have a difficult time proving an alleged offender guilty in this scenario. Additionally, a person must be properly identified as the person who entered the building.

Theft in Chicago, Illinois

In most cases, a person commits theft when he or she knowingly obtains or places another person's property in his or her possession without permission. A person can also be charged with theft when he or she obtains property of another person by deception. Theft is a Class A misdemeanor if the value of the property is under $500.

Robbery in Chicago, IL

A person commits robbery when he or she knowingly takes property from the person or presence of another by the use of force or by threatening the imminent use of force. It is a common misconception that in order to be charged with robbery a firearm must be used. In fact, a robbery can be committed with just a person's hands. If a weapon is used in the commission of a robbery, that person would be charged with Armed Robbery and face extremely severe consequences. A person can be charged with Aggravated Robbery if he or she implies that they are in possession of weapon in commission of a robbery. It does not matter whether they are actually armed with a weapon. For example, if a person places their hands in their jacket and tells a bank clerk to turn over all of the money but doesn’t actually have a weapon, they can be charged with Aggravated Robbery. Robbery is a Class 2 felony while Armed Robbery is a Class X felony punishable by a minimum sentence of 12 years in prison. Aggravated Robbery is a Class 1 felony.

Fraud + Forgery Charges in Chicago, IL

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Fraud or Deceptive Practices in Chicago, Illinois

Fraud or Deceptive Practice Offenses can be charged in a multitude of ways, including writing bad checks, making false statements addressed to the public for the purpose of promoting the sale of property or services, or causing a person to execute a document disposing of property by deception. Depending on the value of the property, a person can be charged with a misdemeanor or felony.

Forgery Charges in Chicago, IL

A person commits forgery when he or she, with intent to defraud, knowingly makes a false document or alters any document to make it false and that document is apparently capable of defrauding another. Forgery can be charged as a Class 3 felony or a Class 4 felony carrying without severe consequences.

Collateral Consequences of a Theft Charge 

Theft charges can leave a lasting mark on your life, even after you have served your sentence or paid your fines. These collateral consequences can significantly impact your future in the following ways. 

Employment Challenges 

A theft conviction can create significant barriers to finding or maintaining employment. Many employers are reluctant to hire individuals with theft-related offenses on their record, as these crimes often raise concerns about trustworthiness. Positions involving financial transactions, inventory management, or access to sensitive information may be particularly difficult to secure. In some cases, individuals may lose their current jobs if their employer becomes aware of the conviction. 

Housing Difficulties 

Landlords frequently conduct background checks on potential tenants, and a theft conviction can be a red flag. Property owners may perceive individuals with theft charges as a potential liability, particularly in shared housing arrangements. This can lead to rejections when applying for rental properties, making it difficult to secure stable housing. 

Loss of Professional Licensing 

Certain professions, such as those in healthcare, finance, and education, require licensing that may be jeopardized by a theft conviction. Regulatory boards often view theft-related offenses as incompatible with the ethical standards of these professions. For example, a theft conviction could lead to the suspension or revocation of a license to practice nursing or accounting. 

Immigration Consequences 

For non-citizens, a theft charge can have serious immigration implications. Theft is often classified as a "crime involving moral turpitude," which can result in deportation, denial of naturalization, or other immigration penalties. Even a misdemeanor theft conviction can trigger these consequences, underscoring the need for experienced legal representation. 

Damage to Reputation 

A theft conviction can have a significant impact on personal and professional relationships. Friends, family, and colleagues may view you differently, leading to strained interactions and lost opportunities. Social stigma often lingers long after the legal penalties are resolved, making it challenging to rebuild trust and credibility. 

Ineligibility for Public Benefits 

In some cases, a theft conviction can lead to disqualification from public assistance programs, such as housing subsidies or financial aid for education. This can compound the difficulties of moving forward after a conviction. 

How Theft Charges Interact with Other Criminal Charges 

Theft charges often do not exist in isolation. They frequently intersect with other criminal charges, leading to more complex legal cases and potentially harsher penalties. Understanding how these interactions occur is vital for building a strong defense. 

Burglary and Trespass 

Theft is commonly linked to burglary and trespass charges. Burglary involves unlawfully entering a building with the intent to commit a theft or felony, while trespass involves unauthorized entry without necessarily intending to commit a crime. When a theft occurs during a burglary or trespass, the charges can compound, leading to elevated penalties, such as longer prison sentences or higher fines. 

For example, entering a store after hours and stealing merchandise could result in charges for both burglary and theft. A strong defense must address the elements of both crimes, such as challenging the intent to commit theft or the legality of the entry. 

Fraud and Forgery 

Theft charges often overlap with fraud and forgery allegations, particularly in cases involving financial crimes. Fraud involves using deceptive practices to obtain money or property, while forgery involves altering or creating false documents with the intent to defraud. If someone is accused of using stolen checks or credit cards, they may face both theft and fraud charges. 

The defense strategy in these cases must address the specific elements of each charge, such as disproving intent or showing that the accused lacked knowledge of the fraudulent nature of their actions. 

Robbery and Assault 

When theft involves the use of force or threats, it may escalate to robbery charges, which carry significantly harsher penalties. If physical harm occurs during the incident, assault charges may also be added. For instance, if someone uses intimidation or violence to steal a purse, they may face charges for robbery and assault in addition to theft. 

These cases require a nuanced defense approach that considers the intent, level of force used, and any mitigating circumstances that could reduce the severity of the charges. 

Drug Possession 

Theft charges sometimes arise in conjunction with drug possession or other Drug-Related Offenses. For example, someone struggling with substance abuse may steal property to fund their addiction, leading to both theft and drug possession charges. Addressing the root cause, such as addiction, can be a critical part of the defense strategy in these cases. 

Resisting Arrest 

In situations where theft suspects attempt to evade law enforcement, they may also face charges for resisting arrest or obstructing justice. These additional charges can complicate the case and lead to harsher sentencing. A Defense Attorney must address not only the theft allegations but also any claims of noncompliance with law enforcement. 

How Our Property Crime and Theft Defense Attorneys Can Help 

Choosing the right legal representation is crucial. Our experienced property crime and theft crime attorneys at Bernard Law can provide invaluable guidance, protect your rights, and advocate on your behalf. We’ll help you understand the charges, evaluate the evidence, and develop a strong defense. 

Examining the evidence against you, such as eyewitness testimony, video surveillance, physical evidence, and any statements made to law enforcement, is essential. Our attorneys will review the evidence to identify weaknesses or inconsistencies that can be challenged in court. Your criminal history can also significantly impact the outcome of your case, with prior convictions leading to harsher penalties. Potential defenses may include lack of intent, mistaken identity, alibi, consent, or entrapment. In some cases, negotiating a plea bargain with the prosecution may be beneficial. It’s important to understand the potential consequences of a conviction, as a criminal record can impact employment, housing, and educational opportunities. Navigating legal procedures and deadlines with the help of our attorneys, along with having a strong support system, can help you cope with the stress of the legal process and work towards a favorable outcome. 

Frequently Asked Questions: Property and Theft

  • Theft crimes in Illinois, like in any state, involve unlawfully taking another person's property with the intent to permanently deprive them of it. This includes acts like shoplifting, burglary, embezzlement, and robbery. The severity of the offense varies based on factors such as the value of the stolen property and the use of force during the crime. Consulting a chicago theft crime attorneys can provide specific insights into theft laws in Chicago.

  • "Unlawful appropriation" refers to the act of taking or using another person's property without their permission and with the intent to deprive them of its use or ownership. This can encompass various actions, such as taking someone's belongings without intending to return them or using their property for personal gain without authorization. Unlawful appropriation is a key element in theft and property crime cases.

  • In Chicago, petty theft typically refers to the theft of property with a relatively low value. The specific threshold for classifying theft as petty can vary based on local laws and ordinances. Generally, petty theft involves property valued below a certain amount, often ranging from $100 to $500. However, it's important to consult local statutes or legal professionals for the precise definition and consequences of petty theft in Chicago.

  • If convicted of petty theft in Chicago, you may face penalties that can include fines, probation, community service, restitution (compensating the victim), and potentially even a short jail sentence, particularly if you have prior convictions. The severity of penalties can vary based on the specific circumstances of the case, including the value of the stolen property and your criminal history. Consulting a chicago theft lawyer is crucial to understand the potential consequences you might face.

  • Yes, possession of stolen property can be considered a felony in Illinois, depending on the value of the property and other factors. If the value of the stolen property exceeds a certain threshold, it can elevate the charge to a felony. Felony charges can result in more severe penalties, including imprisonment. It's crucial to consult the specific laws and consult with a legal professional if you're facing charges related to possession of stolen property in Illinois.

  • Illinois theft charges range from a Class A misdemeanor for property under $500 to a Class X felony. Penalties include fines, probation, restitution, community service, and imprisonment, determined by the severity of the charge. Legal advice is crucial to understand the specific charges and potential consequences.

  • The crime of theft involves unlawfully taking someone else's property with the intent to permanently deprive them of it. This can encompass a range of actions, such as stealing, shoplifting, embezzling, or receiving stolen property. The severity of the offense and potential penalties depend on factors like the value of the stolen property and the specific circumstances surrounding the act.

  • Choose Bernard Law, P.C. as your property and theft attorney in Chicago for our proven expertise in handling a wide range of property crime cases. Our dedicated team understands the complexities of theft laws and local court procedures. We offer personalized attention, strategic defense strategies, and a commitment to protecting your rights. With a track record of success, we strive to achieve the best possible outcome for your case.

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