Identity Theft

Crimes involving identity theft have increased in Illinois and across the country as our personal information has become more readily accessible. The criminal defense defense attorneys at The Davis Law Group, P.C. represent clients charged with identity theft in the Chicago Area and throughout Illinois including Cook County, Lake County and DuPage County.

What is Identity Theft?

Identity theft is charged under 720 ILCS 5/16-30 of the Illinois Criminal Code. Identity theft is most commonly charged when a person knowingly uses any personal identifying information or documentation of another to obtain credit, money, goods, services or other property. Another common instance of identity theft is the production of false identification or documentation with the knowledge that the person will use it to commit a felony.

Most typically, identity theft occurs with the theft of a person’s tax information, social security number, credit card, debit card, or bank information to impersonate that individual in an effort to obtain cash, facilitate a credit card charge, merchandise or the services of another.

Statistics show that credit card fraud is the most common type of identity theft followed by tax fraud and mobile telephone fraud.

What are the Penalties for Identity Theft?

A first conviction of identity theft of credit, money, goods, services, or other property not exceeding $300 in value is a Class 4 felony (punishable by 1-3 years in prison and a maximum fine of $25,000).

Identity theft of credit, money, goods, services, or other property between $300 and $2000 in value is a Class 3 felony (punishable by 2-5 years in prison).

Identity theft of credit, money, goods, services, or other property between $2000 and $10,000 in value is a Class 2 felony (punishable by 3-7 years in prison).

The class of felony may be further enhanced for a wide variety of factors including the value of the property and the defendant’s criminal history.

What is Aggravated Identity Theft?

A person may be charged with aggravated identity theft when the identity theft was against a person 60 years of age or older, a disabled person or in order to further the activities of an organized gang.

What are the Penalties for Aggravated Identity Theft?

Aggravated identity theft involving credit, money, goods, services, or other property up to a value of $300.00 is a Class 3 felony.

Aggravated identity theft involving credit, money, goods, services, or other property in excess of $300.00 but not exceeding $10,000.00 is a Class 2 felony.

Aggravated identity theft involving credit, money, goods, services, or other property in excess of $10,000.00 but not exceeding $100,000.00 is a Class 1 felony.

Aggravated identity theft involving credit, money, goods, services, or other property in excess of $100,000.00 is a Class X felony.

A person convicted of Aggravated Identity Theft for a 2nd or subsequent time is guilty of a Class X felony regardless of the amount involved.

Contact Our Identity Theft Defense Attorneys

Contact the criminal defense attorneys at The Davis Law Group, P.C. if you have been charged with identity theft in the Chicago area. Our professional and knowledgeable legal team represents clients throughout Cook County, Lake County and DuPage County.