The Crime of Theft by Deception in Illinois

 Posted on May 16, 2016 in Theft

The crime of theft can take many forms in Illinois. One way to commit theft is through the use of deception to obtain control over property belonging to another. Under 720 ILCS 5/16-1(2), theft by deception is illegal. Just like with ordinary theft and retail theft, the fines and punishments associated with the theft crime is tied to the value of the item that was stolen by the use of deception. The fine can range from $5,000 to up to $100,000. Additionally, penalties can be steeper if the victim was over the age of 60 years old or if the criminal defendant posed as a landlord in order to steal money or property from the victim. When you are facing criminal theft charges, a theft attorney can help you.

Just like normal theft, theft by deception involves the taking of property from another with the intent to deprive the owner of the property or his or herenjoyment of the property. The elements required to prove theft by deception include:

1. That there was a victim who was induced to part with his or her money or property;
2. That the victim’s transfer of the money or property to the criminal defendant was based upon deception on the part of the defendant;
3. That the defendant intended to permanently deprive the victim of the property or money; and
4. That the defendant acted with the specific intent to defraud the victim of his or her property or money.

These elements must be proven beyond a reasonable doubt by the prosecution in order to convict the criminal defendant. A theft conviction is a serious matter and will show up on the defendant’s criminal record.

Typical Examples of Theft By Deception

Theft by deception can occur in a number of ways. A few of the most common examples include situations where the criminal defendant:

• Pretends to be authorized to take the property, such as money or an item;
• Misleads someone into thinking that you are authorized to take the property;
• Misrepresents facts on a loan application;
• Tricks someone into thinking they are getting one thing in exchange for their property, but in reality they are getting another;
• Poses as someone else in order to extract money or property from another; or
• Fraudulently causes someone to enter into a contract through deception.

Since this form of theft involves deception, it is possible that a criminal defendant might also find him or herself facing fraud charges as well, depending on the facts and circumstances that are applicable to his or her specific case.

Reach Out to Us for Help Today

Regardless of whether the evidence you is sparse, or is a lock, you should contact an experienced theft attorney immediately. Your lawyer will fight to defend against the charges against you, or can negotiate the best possible plea agreement based on your specific circumstances. Please contact a skilled Rolling Meadows theft crimes defenseattorney at our office for help with your case. We offer professional assistance to our clients in Illinois.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=36500000&SeqEnd=39200000