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What is theft?

Theft is taking someone's property without his or her consent with the intent of permanently depriving the person of their property. The most common theft charge is retail theft.

What is the difference between theft and larceny?

Larceny is a form of theft, but usually implies that something of great value was stolen. For example, if you stole a pack of gum from the store you would be charged with theft. If you stole a car you would be charged with larceny.

How is theft different than robbery or fraud or embezzlement?

Robbery involves taking another’s property through violence or intimidation. Fraud and embezzlement are sometimes referred to as ‘paper’ crimes. Fraud is theft by deception, where one purposely obtains property of another by deception. Embezzlement involves taking another’s money or property through abuse of a position of trust, such as an accountant.

What is the punishment for theft?

It depends on the value of the property stolen and the circumstances. If the property was not taken directly from the victim and has a value of less than $300, it is a class A misdemeanor, which carries a fine up to $2,500 and 364 days in jail.

If the property was taken directly from the victim, but has a value greater than $300 but less than $10,000, it is a class 3 felony, which can carry a prison term of 2 to 7 years. Theft of property exceeding a value of $10,000 but less than $100,000 is a class 2 felony, which can carry a prison term of 3 to 7 years. Theft of property exceeding a value of $100,000 but less than $500,000 is a class 1 felony, which can carry a prison term of 4 to 15 years.

Note, if the crime is committed in a school, place of worship or government, property, the class is upgraded. Of course a prior record or other aggravating factors can increase the sentence, if any.

Now what?

If you are charged with theft in Illinois it is important that you have an experienced criminal defense lawyer to help defend you and advise you of your rights. If you are convicted if misdemeanor theft you could go to jail for up to 364 days and face a heavy fine. The jail time for felony theft could be years. A good Illinois criminal defense attorney can do a lot to help you get the best result possible and hopefully avoid jail time and a permanent stain on your record.

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