The crime of IDENTITY THEFT is a felony. As such, your identity theft case can be punished with high fines and time in prison. A typical identity theft charge alleges that you used another person’s personal information in order to fraudulently obtain something of value. Identity theft charges are based on allegations of fraud. If you are found guilty of identity theft, you will be sentenced for committing fraud. Often, it will be alleged that you committed fraud against the owner of the personal information you misused and against some other person or entity from whom or which you obtained something of value. The penalties that can occur upon conviction for the offense of identity theft can become very serious.

The HoffmanLaw Office of Lake County, Illinois has many years of Lake County felony court experience. We have significant past experience with charges involving theft and fraud. We understand that your identity theft case is unique. No two criminal identity theft proceedings are exactly alike. Because of this, as your legal advocate, we will analyze the charges and evidence against you in order to build a defense that addresses the specific issues in your case.


You can be charged with IDENTITY THEFT if allegedly you used someone else’s personal information to fraudulently obtain something of value. Things you may be charged with fraudulently obtaining include credit, money, goods, services and any type of property. See, 720 ILCS 5/16-30(a)(1). Under Illinois law, the crime of identity theft always is a felony offense. The level of felony at which identity theft is charged depends, most basically, on the value of the property allegedly fraudulently obtained.

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Class 4 Felony

Property valued $300 or less. Possible 1-3 years in prison, up to $25,000 fine.

Class 3 Felony

Property valued more than $300 but not more than $2,000. Possible 2-5 years in prison, up to $25,000 fine.

Class 2 Felony

Property valued more than $2,000 but not more than $10,000. Possible 3-7 years in prison, up to $25,000 fine.

Class 1 Felony

Property valued more than $10,000 but not more than $100,000. Possible 4-15 years in prison, up to $25,000 fine.

Class X Felony

Property valued more than $100,000. Mandatory 6-30 years in prison, up to $25,000 fine.

Other Penalties

More serious penalties can apply if you have a prior conviction or for certain protected victim classes.

If you are charged with fraudulently using someone's personal information to obtain property, you will be charged with using either that person's "personal identifying information" or "personal identification document." The terms "personal identifying information" and "personal identification documents" are defined differently under Illinois law. Examples of "personal identifying information" are a person's name, address, date of birth, telephone number, driver's license number, social security number, bank account, credit or debit card number, personal identification number, and user name or password. See, 720 ILCS 5/16-0.1. Examples of "personal identification documents" include a person's birth certificate, driver's license, state i.d. card, social security card, firearm owner's identification card, credit or debit card, passport, or other official government-issued identification document. See, 720 ILCS 5/16-0.1.

The HoffmanLaw Office has the experience necessary to very effectively defend your Lake County, Illinois felony identity theft case. If you are charged with identity theft, you are charged with a serious offense. A charge of identity theft under Section (a)(1) of the Illinois identity theft statute will allege that: (1) you knowingly used another person’s information and (2) you fraudulently obtained property by your use of that information. The identity theft offense charged against you alleges you engaged in fraudulent activity on at least two levels. It alleges you used information that did not belong to you, and that you then took that information and used it to commit fraud. If the prosecution were to prove a charge of identity theft against you at trial, the judge presiding over your case could take these factors into consideration in imposing your sentence.

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As your legal advocate defending you against an identity theft charge, the HoffmanLaw Office would take these factors into consideration in working to resolve your case. We understand that identity theft is a serious charge and alleges layers of criminal activity. But we also understand and never lose sight of the fact that you are presumed innocent of the charge. We know you have the right to force the prosecution to prove you guilty beyond a reasonable doubt.

In defending your Lake County felony identity theft case, the HoffmanLaw Office will analyze the evidence against you. We will search for weaknesses in and problems with the prosecution’s case. We will work hard to neutralize evidence against you and to minimize the negative impact of your criminal charges. We understand that facing an identity theft charge is a serious situation. But we make no assumptions regarding the strength of the prosecution’s evidence. We will fight to uncover weaknesses in the prosecution's case and to build a strong defense against the charges you face.

The HoffmanLaw Office . . . will work hard to neutralize evidence against you and to minimize the negative impact of your criminal charges.

~Attorney Matt Hoffman, the HoffmanLaw Office

Using any Personal Identifying Information or Identification Document of Another

To Fraudulently Obtain

Credit, Money, Goods, Services, or other Property

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Analysis.

The HoffmanLaw Office always is focused on the presumption of innocence. Building on this presumption, the HoffmanLaw Office performs a systematic and searching ANALYSIS of the facts alleged in your case. This intensive analysis exposes weakness in the prosecution's evidence and develops powerful defense arguments and strategies.

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Preparation.

The HoffmanLaw Office strives to know completely the facts and law of your case. In criminal court, good results do not often emerge by chance. They come through intense PREPARATION that lays the groundwork for success. When you select the HoffmanLaw Office as your legal advocate, you team yourself with a philosophy of extreme preparation.

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Results.

The HoffmanLaw Office views every time it appears in court with you as an opportunity to achieve RESULTS. Whether it is negotiating during a pretrial conference, cross-examining a witness, or delivering a closing argument at trial, the HoffmanLaw Office strives to be your best advocate at all times.

Facing Lake County Illinois Criminal Identity Theft Charges?

As has been stated, you can be charged with identity theft if allegedly you used another's information or document to fraudulently obtain credit, money, goods, services or other property. Identity theft also can be charged in a number of other ways.

You can be charged with identity theft in these additional situations: using the personal identification information or personal identification document of another with the intent to commit a felony, See, 720 ILCS 5/16-30(a)(2); obtaining, possessing, selling, transferring or purchasing such information or document with the intent to commit a felony, See, 720 ILCS 5/16-30(a)(3); possessing such information or document knowing it to have been stolen, See, 720 ILCS 5/16-30(a)(4); and, using such information or document to portray yourself as that other person for the purpose of gaining access to personal identification information or a personal identification document of that person, See, 720 ILCS 5/16-30(a)(6). All of these other ways you can be charged with identity theft also are felony level offenses.

The crime of aggravated identity theft, which carries more severe penalties than the charge of identity theft, occurs when the alleged victim of the identity theft is 60 years of age or older or has a disability, or when the act of identity theft was committed in furtherance of the activities of an organized gang. See, 720 ILCS 5/16-30(b). Aggravated identity theft is a felony offense and carries penalties that quickly become very serious.

Defending Serious Felony Identity Theft and Aggravated Identity Theft Charges in Lake County Illinois Criminal Court

We are Here to Help

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The HoffmanLaw Office also defends identity theft charges at the Lake County, Illinois juvenile courthouse in Vernon Hills. Juvenile court prosecutions are governed by penalties, rules and procedures that often differ greatly from those that apply in adult court, including those discussed on this page.

Attorney Matt Hoffman of the HoffmanLaw Office has many years' experience with Lake County juvenile delinquency proceedings and "Petitions for Adjudication of Wardship." He is a former Lake County Assistant State's Attorney who used to prosecute juvenile cases in Lake County juvenile court. If your child is charged with identity theft or other offenses in Lake County juvenile court, the HoffmanLaw Office has the specific experience necessary to work toward an intelligent and effective resolution of the case.

Matt Hoffman is a former recipient of the Lake County, Illinois Juvenile Justice Award.

Here to Defend You Every Step of the Way

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Bond Court

In Lake County misdemeanor and felony cases, if you are arrested you might be brought before a judge for a bond hearing. At your bond hearing, the judge will consider the charges, the alleged facts, your criminal history, and other factors. Then the judge will set the conditions of your bond. You might be released on your signature or have to post money before you get out of jail. Your bond hearing can be the first time you appear in front of a judge in your case. The HoffmanLaw Office has nearly two decades of Lake County bond court experience in misdemeanor and felony cases. If you have been or are going to be arrested, the HoffmanLaw Office is ready to get to work quickly as your advocate at this early and important step in your case.

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Preliminary Hearing

In a Lake County felony case, you have the right to a preliminary hearing or indictment. At your preliminary hearing, the prosecution will call witnesses to try to prove to a judge that there is probable cause that you committed a felony offense. If the judge finds probable cause, your case will be scheduled for arraignment. If the judge finds no probable cause, your charges will be dismissed. If no preliminary hearing is held, your case can be presented to the Grand Jury for indictment. The HoffmanLaw Office has almost two decades of experience with preliminary hearing and Grand Jury issues in Lake County felony cases. The HoffmanLaw Office knows how to assert your rights during this often technical part of your case.

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Arraignment

In Lake County misdemeanor and felony cases, at your arraignment the judge formally will advise you of the charges you are facing and tell you their maximum possible penalties. The judge will order the prosecution and defense to comply with discovery rules. These rules will require the prosecution to turn over copies of police reports and other written evidence. At your arraignment, you will be asked to enter a plea. Almost all arraignments include a plea of “not-guilty.” The HoffmanLaw Office has represented clients in many hundreds of Lake County arraignments. This Office knows how to defend and assert your Constitutional rights at this significant step in the court proceedings.

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Pretrial Conference

A pretrial conference is a court appearance after arraignment in a Lake County misdemeanor or felony case. At a pretrial conference, the prosecution and defense can work toward reaching an agreed resolution of your criminal charges. The HoffmanLaw Office views pretrial conferences, and every other court appearance in your case, as opportunities to advocate on your behalf. There can be multiple pretrial conferences as your case moves forward. During any pretrial conference, the HoffmanLaw Office is focused on the fact that you are presumed innocent. With this presumption always in mind, this Office has many years of experience in negotiating for positive outcomes in Lake County criminal court.

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Motion Practice

The HoffmanLaw Office uses pretrial motions to try to favorably alter the outcome of your criminal case. A carefully written and successfully argued pretrial motion can have a profoundly positive effect on the outcome of your case. This is especially so when, for example, the court rules your confession was involuntary, or rules you were the victim of an unlawful search and seizure, or rules you were inappropriately identified in a police lineup, or even rules your charges are so problematic they must be dismissed. The HoffmanLaw Office works hard to analyze the facts and law of your case in exploring the use of effective pretrial motions.

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Trial

At its core, the HoffmanLaw Office is a trial law firm. It is built on almost two decades of Lake County criminal court trial experience. If your charges do not resolve during the pretrial process, your case will go to trial. As your advocate, the HoffmanLaw Office will bring many years of Lake County criminal court trial experience to your defense. Attacking the prosecution's evidence, questioning the opinions of prosecution experts and police, and aggressively cross-examining prosecution witnesses are proven ways of raising reasonable doubt in the rigorous pursuit of a not-guilty verdict. The HoffmanLaw Office never waivers from its pursuit of your success.

Office Location

25980 North Diamond Lake Road Suite 112

Mundelein Illinois 60060