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.
Basic Levels of Identity Theft Charges
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.
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.
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