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Theft
Offense / Burglary
Theft and burglary involve the taking of something
of another, including property or services, without
consent. Although theft can be referred to by
several different terms, such as theft by fraud,
larceny, robbery and shoplifting, these crimes
all generally consist of a taking without consent.
Not only can theft convictions result in very
serious sentences but they also may result in
a person being branded as a liar and a thief for
life. Not only can you be put in jail or prison,
you may also be required to pay what is known
as restitution. This means that you could be required
to pay back whatever you were alleged to have
taken. You could spend years of your life paying
off a restitution debt. It could affect your credit
ability to buy a car or home or raise your family.
Imagine how much your life would be affected if
you were convicted of, for example, an identity
theft crime because of a misunderstanding.
If you have been charged with a theft crime,
you need the assistance of an experienced attorney.
At Johnson Law Group, we have experience defending
these types of crimes. Many of our attorneys used
to be police and prosecutors themselves. There
is, however, a reason they are criminal defense
lawyers now. We know how the police will investigate
the theft you are accused of, and we will know
how to mount a strong defense to any theft, robbery
and burglary charge.
Put our experience to work for you in Illinois.
Contact
us to discuss the theft charges against
you.
We Fight to Win!
Theft
720 ILCS 5/16-1
(a) A person commits theft when he knowingly:
(1) Obtains or exerts unauthorized control over
property of the owner; or
(2) Obtains by deception control over property
of the owner; or
(3) Obtains by threat control over property of
the owner; or
(4) Obtains control over stolen property knowing
the property to have been stolen or under such
circumstances as would reasonably induce him to
believe that the property was stolen; or
(5) Obtains or exerts control over property in
the custody of any law enforcement agency which
is explicitly represented to him by any law enforcement
officer or any individual acting in behalf of
a law enforcement agency as being stolen, and
(A) Intends to deprive the owner permanently of
the use or benefit of the property; or
(B) Knowingly uses, conceals or abandons the property
in such manner as to deprive the owner permanently
of such use or benefit; or
(C) Uses, conceals, or abandons the property knowing
such use, concealment or abandonment probably
will deprive the owner permanently of such use
or benefit.
(b) Sentence.
(1) Theft of property not from the person and
not exceeding $300 in value is a Class A misdemeanor.
(1.1) Theft of property not from the person and
not exceeding $300 in value is a Class 4 felony
if the theft was committed in a school or place
of worship or if the theft was of governmental
property.
(2) A person who has been convicted of theft of
property not from the person and not exceeding
$300 in value who has been previously convicted
of any type of theft, robbery, armed robbery,
burglary, residential burglary, possession of
burglary tools, home invasion, forgery, a violation
of Section 4-103, 4-103.1, 4-103.2, or 4-103.3
of the Illinois Vehicle Code [FN1] relating to
the possession of a stolen or converted motor
vehicle, or a violation of Section 8 of the Illinois
Credit Card and Debit Card Act [FN2] is guilty
of a Class 4 felony. When a person has any such
prior conviction, the information or indictment
charging that person shall state such prior conviction
so as to give notice of the State's intention
to treat the charge as a felony. The fact of such
prior conviction is not an element of the offense
and may not be disclosed to the jury during trial
unless otherwise permitted by issues properly
raised during such trial.
(3) (Blank).
(4) Theft of property from the person not exceeding
$300 in value, or theft of property exceeding
$300 and not exceeding $10,000 in value, is a
Class 3 felony.
(4.1) Theft of property from the person not exceeding
$300 in value, or theft of property exceeding
$300 and not exceeding $10,000 in value, is a
Class 2 felony if the theft was committed in a
school or place of worship or if the theft was
of governmental property.
(5) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 2 felony.
(5.1) Theft of property exceeding $10,000 and
not exceeding $100,000 in value is a Class 1 felony
if the theft was committed in a school or place
of worship or if the theft was of governmental
property.
(6) Theft of property exceeding $100,000 and not
exceeding $500,000 in value is a Class 1 felony.
(6.1) Theft of property exceeding $100,000 in
value is a Class X felony if the theft was committed
in a school or place of worship or if the theft
was of governmental property.
(6.2) Theft of property exceeding $500,000 in
value is a Class 1 non-probationable felony.
(7) Theft by deception, as described by paragraph
(2) of subsection (a) of this Section, in which
the offender obtained money or property valued
at $5,000 or more from a victim 60 years of age
or older is a Class 2 felony.
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Burglary
720 ILCS 5/19-1
(a) A person commits burglary when without authority
he knowingly enters or without authority remains
within a building, housetrailer, watercraft, aircraft,
motor vehicle as defined in The Illinois Vehicle
Code, [FN1] railroad car, or any part thereof,
with intent to commit therein a felony or theft.
This offense shall not include the offenses set
out in Section 4-102 of The Illinois Vehicle Code.
[FN2]
(b) Sentence.
Burglary is a Class 2 felony. A burglary committed
in a school or place of worship is a Class 1 felony.
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Robbery
720 ILCS 5/18-1
(a) A person commits robbery when he or she takes
property, except a motor vehicle covered by Section
18-3 or 18-4, from the person or presence of another
by the use of force or by threatening the imminent
use of force.
(b) Sentence.
Robbery is a Class 2 felony. However, if the
victim is 60 years of age or over or is a physically
handicapped person, or if the robbery is committed
in a school or place of worship, robbery is a
Class 1 felony.
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Armed Robbery
720 ILCS 5/18-2
(a) A person commits armed robbery when he or
she violates Section 18-1; and
(1) he or she carries on or about his or her
person or is otherwise armed with a dangerous
weapon other than a firearm; or
(2) he or she carries on or about his or her person
or is otherwise armed with a firearm; or
(3) he or she, during the commission of the offense,
personally discharges a firearm; or
(4) he or she, during the commission of the offense,
personally discharges a firearm that proximately
causes great bodily harm, permanent disability,
permanent disfigurement, or death to another person.
(b) Sentence.
Armed robbery in violation of subsection (a)(1)
is a Class X felony. A violation of subsection
(a)(2) is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed
by the court. A violation of subsection (a)(3)
is a Class X felony for which 20 years shall be
added to the term of imprisonment imposed by the
court. A violation of subsection (a)(4) is a Class
X felony for which 25 years or up to a term of
natural life shall be added to the term of imprisonment
imposed by the court.
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Aggravated
Robbery
720 ILCS 5/18-5
(a) A person commits aggravated robbery when
he or she takes property from the person or presence
of another by the use of force or by threatening
the imminent use of force while indicating verbally
or by his or her actions to the victim that he
or she is presently armed with a firearm or other
dangerous weapon, including a knife, club, ax,
or bludgeon. This offense shall be applicable
even though it is later determined that he or
she had no firearm or other dangerous weapon,
including a knife, club, ax, or bludgeon, in his
or her possession when he or she committed the
robbery.
(a-5) A person commits aggravated robbery when
he or she takes property from the person or presence
of another by delivering (by injection, inhalation,
ingestion, transfer of possession, or any other
means) to the victim without his or her consent,
or by threat or deception, and for other than
medical purposes, any controlled substance.
(b) Sentence. Aggravated robbery is a Class 1
felony.
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