Understanding Aggravated Identity Theft Under 720 ILCS 5/16-30(b)

As a seasoned criminal defense attorney in Chicago, I have represented many clients facing severe charges, including aggravated identity theft. This offense, governed by 720 ILCS 5/16-30(b), involves the unlawful use of someone else’s personal identifying information under circumstances that elevate the crime beyond simple identity theft. If you are facing such charges, it is crucial to understand the statutes, potential penalties, common defenses, and the importance of experienced legal representation.

The Statute and Relevant Laws

Aggravated identity theft in Illinois is specifically defined under 720 ILCS 5/16-30(b). This statute outlines the conditions under which identity theft becomes aggravated, including the nature of the victim and the circumstances of the offense. The law is particularly stringent when the victim is considered a member of a protected class, such as individuals 60 years or older or disabled persons, or when the crime occurs during a declared disaster or emergency.

Under this statute, personal identifying information encompasses a broad range of data, such as social security numbers, driver’s license numbers, bank account details, credit or debit card numbers, and any other unique information that can be used to access financial accounts or services. The unauthorized use of this information can lead to serious criminal charges, especially if it involves fraudulently obtaining credit, money, goods, services, or other property.

Other relevant statutes include 720 ILCS 5/16-30(a), which deals with general identity theft offenses. This statute covers the various ways identity theft can occur, including using another person’s identifying information to commit fraud, obtain benefits, or impersonate them. Together, these statutes form a comprehensive framework for prosecuting identity theft in Illinois, with enhanced penalties for aggravated circumstances.

Understanding the specifics of these laws is vital for anyone accused of aggravated identity theft. The manner in which the theft was executed and the particular circumstances surrounding the case significantly influence the charges and potential penalties.

Potential Penalties and Consequences

Aggravated identity theft under 720 ILCS 5/16-30(b) is treated as a serious crime in Illinois, carrying severe penalties. Convictions can result in significant fines, lengthy prison sentences, and other long-term consequences that can impact various aspects of your life.

For starters, a conviction for aggravated identity theft is classified as a Class 2 felony. This classification means that you could face a prison sentence ranging from 3 to 7 years. If the offense involves aggravating factors, such as the victim being 60 years or older or disabled, the penalties can be even more severe. In such cases, the court has the discretion to impose longer sentences within the statutory range.

Fines are another critical component of the penalties for aggravated identity theft. Convicted individuals may be required to pay substantial fines, often amounting to thousands of dollars. These fines serve as both a punishment and a deterrent, aiming to discourage future offenses. Additionally, defendants might be ordered to pay restitution to the victims to cover any financial losses or damages incurred as a result of the identity theft. Restitution can include reimbursing victims for out-of-pocket expenses, lost wages, and costs associated with repairing their credit.

Probation may be an option for some offenders, particularly those who are first-time offenders or who present significant mitigating circumstances. However, probation will come with stringent conditions such as regular reporting to a probation officer, restrictions on financial transactions, mandatory participation in counseling or treatment programs, and other specific requirements set by the court. Failing to comply with these conditions can result in probation revocation and the imposition of the original prison sentence.

A conviction for aggravated identity theft will also result in a permanent criminal record. This record can have long-lasting and far-reaching implications, affecting your ability to secure employment, obtain housing, and build social relationships. Many employers and landlords conduct background checks, and a felony conviction can significantly hinder your chances of obtaining a job or renting a home. Additionally, the social stigma associated with a felony conviction can lead to isolation and difficulty maintaining personal relationships.

Beyond the immediate legal penalties, the personal and emotional consequences of a conviction can be devastating. The stress and anxiety of facing criminal charges, coupled with the potential for imprisonment, can take a significant toll on your mental and emotional well-being. It can also strain relationships with family and friends, leading to a sense of isolation and loss of support.

Common Defenses for Aggravated Identity Theft Charges

Defending against charges of aggravated identity theft requires a comprehensive and strategic approach tailored to the specifics of your case. Several common defenses can be effective in challenging these charges and potentially mitigating the penalties you face.

One potential defense is to argue that the defendant lacked the requisite knowledge or intent to commit the crime. For a conviction under 720 ILCS 5/16-30(b), the prosecution must prove that the defendant knowingly used another person’s personal identifying information without permission. If the defense can demonstrate that the defendant did not know the information was obtained or used unlawfully, this can be a strong defense. For example, if the defendant believed they had permission to use the information or were unaware that the information belonged to another person, this lack of intent can be a mitigating factor.

Another defense strategy is to challenge the accuracy and reliability of the evidence presented by the prosecution. This can involve scrutinizing the methods used to gather and analyze the evidence, identifying any procedural errors, and questioning the credibility of witnesses. For example, if the prosecution’s case relies heavily on digital evidence, the defense may examine whether the data was properly handled, whether there was any tampering, and whether the chain of custody was maintained.

In some cases, the defense may argue that the alleged victim was not a member of a protected class or that the aggravating circumstances do not apply. For example, if the prosecution claims that the victim was 60 years of age or older, but the defense can provide evidence that the victim was actually younger, this can reduce the severity of the charges. Similarly, if the alleged identity theft did not occur during a declared disaster or emergency, this can be a mitigating factor.

A defense strategy may also involve demonstrating that the defendant was the victim of identity theft themselves. This defense can involve presenting evidence that the defendant’s own personal information was stolen and used to commit the offense. Demonstrating that the defendant did not commit the crime intentionally and was unaware of the fraudulent activities can be a compelling defense.

Each case is unique, and the best defense strategy will depend on the specific facts and circumstances. Consulting with an experienced criminal defense attorney who understands identity theft laws in Illinois is essential for developing a tailored defense plan that addresses the specifics of the case and maximizes the chances of a favorable outcome.

Frequently Asked Questions (FAQs)

What constitutes aggravated identity theft under Illinois law?

Aggravated identity theft under Illinois law, as defined by 720 ILCS 5/16-30(b), involves the unlawful use of another person’s personal identifying information without permission, under specific aggravating circumstances. These circumstances can include the victim being 60 years of age or older, disabled, or the offense being committed during a declared disaster or emergency. The use of stolen identity information in connection with a felony can also elevate the charge to aggravated identity theft.

What are the penalties for aggravated identity theft in Illinois?

The penalties for aggravated identity theft in Illinois are severe. A conviction under 720 ILCS 5/16-30(b) is classified as a Class 2 felony, carrying a potential prison sentence of 3 to 7 years. In cases involving aggravating factors, the penalties can be even more severe. In addition to prison time, defendants may face substantial fines, restitution to the victims, and probation with stringent conditions. A conviction also results in a permanent criminal record, which can have long-lasting impacts on employment, housing, and social relationships.

Can I be charged with aggravated identity theft if I did not intend to commit the crime?

For a conviction of aggravated identity theft, the prosecution must prove that the defendant knowingly used another person’s personal identifying information without permission. If the defense can demonstrate that the defendant lacked knowledge or intent, this can be a strong defense. For example, if the defendant believed they had permission to use the information or were unaware that the information belonged to another person, this lack of intent can be a mitigating factor.

What should I do if I am accused of aggravated identity theft?

If you are accused of aggravated identity theft, it is crucial to seek legal representation immediately. Do not make any statements to law enforcement without consulting with an attorney. An experienced criminal defense attorney can help you understand your rights, evaluate the evidence against you, and develop a defense strategy tailored to the specifics of your case. Your attorney will work to protect your rights and advocate on your behalf throughout the legal process.

How can an attorney help me fight aggravated identity theft charges?

An experienced criminal defense attorney can provide the necessary expertise to develop a strong defense strategy. Your attorney will ensure that your rights are protected throughout the legal proceedings, from the initial investigation to the trial. A knowledgeable attorney can identify weaknesses in the prosecution’s case, challenge the evidence presented, and argue for reduced charges or alternative sentencing options. Additionally, an attorney can provide guidance, support, and reassurance throughout the process, helping you navigate the legal system and make informed decisions about your defense.

The Importance of Legal Representation

Facing allegations of aggravated identity theft is a serious matter that requires skilled legal representation. Here’s why you need an attorney and why you should choose The Law Offices of David L. Freidberg:

Identity theft laws and procedures in Illinois are complex, and understanding them requires in-depth knowledge and experience. An experienced attorney who understands these laws can provide the necessary expertise to develop a strong defense strategy. Your attorney will ensure that your rights are protected throughout the legal proceedings, from the initial arrest to the trial.

A knowledgeable attorney can identify weaknesses in the prosecution’s case and present a robust defense on your behalf. This can include challenging the evidence presented by the prosecution, presenting evidence and arguments to support your defense, and negotiating for reasonable modifications to your probation conditions.

In many cases, an attorney can negotiate with the prosecution and the court for reduced penalties or alternative sentencing options. This can involve advocating for continued probation with the same or modified conditions, arguing for a reduction in fines or restitution, or seeking community service or treatment programs as alternatives to incarceration.

Facing identity theft charges can be incredibly stressful and emotionally taxing. An attorney can provide guidance, support, and reassurance throughout the process, helping you navigate the legal system and make informed decisions about your defense.

Call The Law Offices of David L. Freidberg For A Free Consultation 

If you are facing allegations of aggravated identity theft in Illinois, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. With decades of experience and a commitment to protecting your rights, we offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County in Illinois. Let us help you navigate the legal system and fight for your future.