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720 ILCS 5/16-30

Identity Theft

 

    • Class 4 Felony
    • 1-3 years in prison
    • Fine up to $25,000
    • Call  for more details

 

Understanding Identity Theft in Illinois

Identity theft is a serious crime in Illinois that involves unlawfully using someone else’s personal information—such as their Social Security number, credit card information, or other identifying details—for fraudulent purposes. This offense can lead to severe legal penalties, including imprisonment, hefty fines, and a permanent criminal record. Given the complexities of identity theft cases, it’s essential to understand the law and the potential consequences if you are facing such charges.

 

What Constitutes Identity Theft in Illinois?

Under Illinois law, identity theft is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/16-30. The offense occurs when an individual knowingly uses another person’s identifying information without authorization to:

 

  • Obtain Credit or Services: Using someone else’s personal information to apply for loans, credit cards, or services without their permission.
  • Commit Fraud: Engaging in deceptive practices, such as making purchases or withdrawals, using someone else’s identity.
  • Gain Access to Financial Accounts: Using stolen information to gain access to bank accounts, make transfers, or withdraw funds.

Examples of Identity Theft Under 720 ILCS 5/16-30

Here are specific examples of identity theft as defined under Illinois law:

 

  1. Using a Stolen Credit Card
    • Statute: 720 ILCS 5/16-30(a)
    • Description: Making unauthorized purchases using a stolen credit card or credit card information.
  2. Opening Accounts with Stolen Information
    • Statute: 720 ILCS 5/16-30(a)
    • Description: Using someone else’s Social Security number or other personal details to open credit accounts or take out loans without their knowledge.
  3. Accessing Financial Accounts Fraudulently
    • Statute: 720 ILCS 5/16-30(a)
    • Description: Gaining unauthorized access to someone’s bank account to make transfers or withdrawals under their name.

Penalties for Identity Theft in Illinois

The penalties for identity theft in Illinois vary depending on the value of the stolen assets or services and whether the offense involved aggravating factors, such as multiple victims or prior convictions. The penalties can include:

 

  • Class 4 Felony (for assets valued under $300):
    • 1 to 3 years in prison
    • Fines of up to $25,000
    • Possible probation or conditional discharge
  • Class 3 Felony (for assets valued between $300 and $2,000):
    • 2 to 5 years in prison
    • Fines up to $25,000
    • Additional penalties if the offense involved multiple victims or was part of a larger scheme
  • Class 2 Felony (for assets valued over $2,000 or involving multiple victims):
    • 3 to 7 years in prison
    • Fines up to $25,000
    • Enhanced penalties for repeat offenders or large-scale operations

In addition to these legal penalties, a conviction for identity theft can result in a permanent criminal record, which can have long-lasting effects on employment, housing, and other aspects of life.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of identity theft can be overwhelming, especially given the complexities of the legal system and the potential consequences of a conviction. Here’s why Andrew M. Weisberg is the defense attorney you need:

 

  • Expertise in Defending Complex Financial Crimes: Andrew M. Weisberg has extensive experience defending clients against a wide range of financial crimes, including identity theft. His background as a former Cook County prosecutor gives him a deep understanding of how these cases are built and prosecuted, allowing him to craft effective defense strategies that challenge the prosecution’s evidence.
  • Strategic and Personalized Defense: Each identity theft case is unique, with its own set of circumstances and challenges. Mr. Weisberg meticulously examines the details of your case, identifying any weaknesses in the prosecution’s evidence and developing a defense strategy tailored to your specific situation.
  • Aggressive Courtroom Advocacy: Known for his aggressive courtroom advocacy, Mr. Weisberg is a strong defender of his clients’ rights. He challenges the prosecution’s evidence, cross-examines witnesses, and works tirelessly to secure a favorable outcome, whether through negotiation, reduction of charges, or acquittal.
  • Compassionate and Confidential Client Support: Facing criminal charges can be stressful, but Mr. Weisberg provides not only expert legal representation but also compassionate and confidential support throughout the legal process. He ensures that your case is handled with discretion and that you are fully informed and supported every step of the way.

When you are facing charges for identity theft, the quality of your defense is crucial. Andrew M. Weisberg’s extensive experience, strategic defense planning, and commitment to his clients make him the right choice to defend your rights and your future.

 

Contact Andrew M. Weisberg today for a free consultation to discuss your identity theft case and learn how he can help protect your rights and fight for the best possible outcome.