According to Illinois criminal law, Identity Theft is when a person uses any form of identification of another person to obtain money, credit, goods, or services. It is also considered Identity Theft to obtain information regarding the identity of another person and to sell or otherwise transfer that information to another person.
The charge of facilitating Identity Theft is when a person who has legitimate access to personal identifying information does not properly dispose of that information. For example, if a company puts documents with sensitive identification information in the garbage rather than shredding it, they could be charged with Facilitating Identity Theft because they are making it easier for people to access those records.
A charge of identity theft can result from financial related fraud, such as attempting to get a credit card, or using a social security number for any reason, including getting a job. This charge could result from this use in cases where the person is an illegal immigrant/undocumented worker, and it pretending to be a legal citizen to get a job. In such cases, you immigration status and ability to stay in this country could be impacted.
In any case, this is a serious criminal offense, and it makes sense to consult with the best defense lawyer you can to figure out exactly what could happen to you in court, and what you can do to protect and defend yourself, and avoid the worst outcomes.
Illinois Identity Theft Penalties
Identity theft is a felony charge under Illinois law. The penalties become more serious as the value of the theft increases.
Identity Theft where the value of the goods, property, credit, or money obtained is not more than $300 is a Class 4 Felony which carries a possible sentence of up to 3 years in a state penitentiary and/or a fine of up to $25,000.
Identity Theft of goods or services between $301 and $2,000 is a Class 3 Felony which carries a possible sentence of up to 5 years in a state penitentiary and/or a fine of up to $25,000.
Identity Theft of goods or services between $2,001 and $10,000 is a Class 2 Felony which carries a possible sentence of up to 7 years in a state penitentiary and/or a fine of up to $25,000.
Identity Theft of goods or services above $10,000 is a Class X Felony which carries a possible sentence of up to 30 years in a state penitentiary and/or a fine of up to $25,000.
The severity of the sentence also depends on the person whose Identity was stolen and also your criminal history. It’s important to have one of our experienced attorneys review your case and tell you exactly what your exposure is and the best way to proceed with your case.
Please contact us for a free consultation on your charge. We’ll tell you exactly what we can do to help you work through this problem.