Aggravated Identity Theft

Chicago Aggravated Identity Theft Defense Lawyer

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

Facing charges of aggravated identity theft under 720 ILCS 5/16-30(b) is a serious matter with potentially severe consequences. As an experienced criminal defense attorney in Chicago, I understand the gravity of these charges and the profound impact they can have on your life. Aggravated identity theft involves the unlawful use of someone else’s personal identifying information, and it is treated as a grave offense under Illinois law. I will now provide detailed information on what constitutes aggravated identity theft, the relevant statutes, potential penalties, common defenses, and the importance of having skilled legal representation.

Understanding the Statute and Relevant Laws

The statute governing aggravated identity theft in Illinois is 720 ILCS 5/16-30(b). This law defines aggravated identity theft as committing identity theft under specific aggravating circumstances. According to the statute, a person commits aggravated identity theft when they knowingly use another person’s personal identifying information without permission and do so under circumstances that elevate the offense beyond simple identity theft.

One key aspect of 720 ILCS 5/16-30(b) is that it applies when the offense is committed against certain protected classes of individuals or under particularly egregious conditions. For instance, the statute enhances penalties when the victim is 60 years of age or older, disabled, or when the offender uses the stolen identity information in connection with a felony. Additionally, committing identity theft during the course of a declared disaster or emergency can also elevate the charge to aggravated identity theft.

Personal identifying information, as defined by Illinois law, includes but is not limited to social security numbers, driver’s license numbers, bank account numbers, credit or debit card numbers, and any other unique data that can be used to access a person’s financial accounts or services. The unlawful use of this information can include obtaining credit, money, goods, services, or other property by fraud.

Other relevant statutes include 720 ILCS 5/16-30(a), which addresses the general offense of identity theft. This statute outlines the various ways in which identity theft can occur, including the use of another person’s identifying information to fraudulently obtain benefits, commit financial fraud, or otherwise impersonate the individual. Together, these statutes create a framework for prosecuting identity theft offenses and provide for enhanced penalties under certain conditions.

Understanding the nuances of these statutes is crucial for anyone facing aggravated identity theft charges. The specifics of how the identity theft was carried out and the circumstances under which it occurred will significantly impact the severity of the charges and the potential penalties.

Potential Punishments and Consequences

The penalties for aggravated identity theft under 720 ILCS 5/16-30(b) are severe and reflect the seriousness with which Illinois law treats these offenses. If convicted, defendants can face substantial fines, lengthy prison sentences, and other significant consequences. Here’s an overview of the potential punishments and consequences:

Prison sentences for aggravated identity theft can be extensive. A conviction under this statute is classified as a Class 2 felony, which carries a potential prison sentence of 3 to 7 years. However, if the offense involved certain aggravating factors, such as the victim being 60 years of age or older, the penalties can be even more severe. In such cases, the court may impose a longer sentence within the statutory range.

Fines for aggravated identity theft can be substantial, often reaching thousands of dollars. These fines are intended to serve as both a punishment and a deterrent for future offenses. In addition to court-imposed fines, defendants may also be required to pay restitution to the victims to cover any financial losses or damages incurred as a result of the identity theft.

Probation may be an option in some cases, particularly for first-time offenders or those who demonstrate significant mitigating circumstances. However, probation will come with stringent conditions, including regular reporting to a probation officer, restrictions on financial transactions, and participation in counseling or treatment programs. Failure to comply with these conditions can result in revocation of probation and imposition of the original prison sentence.

A conviction for aggravated identity theft will result in a permanent criminal record, which can have long-lasting implications. This criminal record can affect employment opportunities, housing options, and social relationships. Many employers conduct background checks, and a felony conviction can significantly hinder your ability to secure a job. Similarly, landlords often perform background checks on potential tenants, making it difficult to find housing.

Beyond the legal penalties, a conviction for aggravated identity theft can have profound personal consequences. The social stigma associated with these charges can lead to ostracism from friends, family, and the community. The emotional and psychological impact on the defendant and their loved ones can be devastating, underscoring the importance of having a skilled and experienced attorney to mount a vigorous defense.

Common Defenses for Aggravated Identity Theft Charges

Defending against aggravated identity theft charges requires a strategic and comprehensive approach tailored to the specifics of the case. There are several common defenses that can be effective in challenging these charges:

One potential defense is the argument that the defendant lacked knowledge or intent. 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 instance, 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 possible defense 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.

A defense strategy may also involve demonstrating 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.

In some cases, it may be possible to argue 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 is defined by 720 ILCS 5/16-30(b). It 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.

The Law Offices of David L. Freidberg For Your 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.