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Identity Theft

People rely on the internet to communicate, shop, and do just about anything in this day and age more than ever. With such frequent use of the world wide web comes more opportunities for personal information such as your name, phone number, address, and confidential financial information to be accessed without your permission.

Identity theft charges are through the roof now that personal information is much easier to access through the net. Criminal charges of this nature have also skyrocketed because Illinois law enforcement are investigating these cases much more than before.

While there are certainly identity thieves in the state who have caused harm to innocent people, there also exist people who have been wrongfully accused of this crime and need justice. Identity theft crimes are taken incredibly seriously by the state. Therefore, they require the assistance of a skilled criminal defense attorney.

The legal team at Dolci & Weiland is passionate about protecting the rights of clients and fiercely defending their charges. At our firm, we believe that a well-informed client is a successful client. This is why we declare it our duty to answer all of your questions, provide you with options, and make ourselves accessible to you at all times to ensure you're covered.

What Constitutes Identity Theft in Illinois?

Illinois law provides a very detailed description of the various ways one can constitute the crime of identity theft in the state. According to Illinois statute 720 ILCS 5/16-30, a person commits this crime when he or she knowingly does any of the following:

  • “Uses any personal identifying information or personal identification document of another person to fraudulently obtain credit, money, goods, services, or other property;
  • Uses any personal identification information or personal identification document of another with intent to commit any felony;
  • Obtains, records, or possesses, sells, transfers, purchases, or manufactures any personal identification information or personal identification document of another with intent to commit any felony;
  • Uses, obtains, records, possesses, sells, transfers, purchases, or manufactures any personal identification information or personal identification document of another knowing that such information or documents were stolen or produced without lawful authority;
  • Uses, transfers, or possesses document-making implements to produce false identification or false documents with knowledge that they will be used by the person or another to commit any felony;
  • Uses any personal identification information or personal identification document of another to portray himself or herself as that person, or to gain access to any personal identification information or personal identification document of such person, without his or her prior express permission;
  • Uses any personal identification information or personal identification document of another to gain access to any record of the actions taken, communications made or received, or other activities or transactions of such person, without his or her prior express permission;" or
  • In the course of applying for a building permit, provides the license number of a roofing or fire sprinkler contractor whom he or she does not intend to have performed the work.

In a nutshell, identity theft is knowingly using the personal information of another person for gain is a crime. Using this information to gain access to other important records or information is also a crime under this statute.

Defining a “Personal Identification Document”

Illinois law defines a personal identification document as any authorized document issued by a governmental entity that is “intended for the purpose of identification of an individual.” Examples of a personal identification document include a birth certificate, driver's license, Social Security card, credit card, and debit card.

Identity Theft Penalties in Illinois

All variations of identity theft are classified as felonies under Illinois law. As with other theft crimes, the penalties for identity theft get more severe as the value of the property or money stolen increases. The range of penalties are as follows:

Amount of Money

Crime Classification

Fine

Prison Time

$300 or less

Class 4 felony

Up to $25,000

1 to 3 years

$301 to $2,000

Class 3 felony

Up to $25,000

2 to 5 years

$2,001 to $10,000

Class 2 felony

Up to $25,000

3 to 7 years

$10,001 to $100,000

Class 1 felony

Up to $25,000

4 to 15 years

$100,000 or more

Class X felony

Up to $25,000

6 to 30 years

Potential Defenses for Identity Theft Charges

An Illinois criminal defense attorney has the expertise and knowledge to utilize several potential defenses to reduce the severity of your sentence. In some cases, a legal defense may be so convincing that it causes your charges to be dropped altogether. There are several possible defenses that are used in identity theft cases. They include:

The defendant was authorized to use the accuser's identity. Proof that permission was given to access personal identification information shields defendants from accountability. Therefore, if a defendant was given consent to use a victim's identity, then they cannot legally be held liable for committing the crime of identity theft. Permission - whether explicit or implicit - is actually granted in a lot of identity theft cases.

There was no fraudulent intent or unlawful purpose. Prosecutors can't convict a defendant of identity theft if they cannot prove that you engaged in unlawful conduct with the personal identification information he or she accessed. Merely obtaining the credit card information of another, for example, isn't enough to constitute identity theft.

Charged with Identity Theft in Illinois? Dolci & Weiland Can Help You 

Now that you know what you're up against, you can begin to make decisions that will affect the outcome of your trial. The most important decision you can make in this predicament is to consult with an experienced criminal defense attorney and secure representation. You should never defend yourself in any case, and you won't have to with the legal team at Dolci & Weiland on your side.

Time is of the essence in criminal defense cases. It is best to obtain representation upon immediate notice of your charges.  To speak with a member of our team, fill out an online case evaluation form or give us a ring at the office closest to you today. The number for our downtown Chicago location is 312-238-9007, for our DuPage office, call 630-261-9098.

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