Challenging Theft and Stolen Property Charges in Illinois

 Posted on May 19, 2025 in Criminal Defense

Facing a theft charge can be intimidating. The penalties are often harsh, especially if you have a previous conviction, and the laws that govern these cases are complex. Working with an experienced Naperville, IL property crimes defense attorney is invaluable to your case, and building a defense strategy for a theft charge requires a thorough understanding of Illinois criminal law.

How Illinois Law Defines Theft

Under the Illinois Criminal Code of 2012, a person commits theft when they knowingly do one of the following:

• Exerts control over someone else’s property without authorization from the property owner

• Obtains control over another person’s property by deception or threat

• Obtains control over stolen property, knowing that the property was stolen 

• Obtains control over stolen property under circumstances where someone could reasonably assume that the property was stolen

• Obtains control over property after a law enforcement officer explicitly represents it as stolen

Criminal actions that would fall under the umbrella of theft can vary significantly, including everything from pickpocketing to grand theft auto. Charges can be misdemeanors or felonies, depending on the method used to steal the property and the property’s value.

Most Common Charges for Theft and Stolen Property in Illinois

Among Illinois's most common theft charges are robbery, burglary, and auto theft. Robbery is a Class 2 felony and can result in up to seven years imprisonment and a fine as steep as $25,000. Under specific circumstances, a robbery charge can be escalated to a more severe felony. For example, if the victim has a physical disability or the offense occurs in a place of worship or school, the court may escalate the robbery charge. Burglary is typically a Class 2 felony that can be escalated to a more severe felony as well. The primary difference between burglary and robbery is that robbery involves using force or a threat to use force, whereas burglary is focused on unlawful entry of private property with criminal intent.

Grand theft auto is charged under the theft statute, and penalties vary based on the stolen vehicle’s value and the circumstances surrounding the theft. It can range from a misdemeanor to a felony and result in imprisonment, restitution, and fines.

Challenging Criminal Theft Charges in Illinois

Along with your attorney, you will build a defense strategy based on the details of your case. However, some common basic approaches include:

• Challenging the prosecution’s evidence to expose inconsistencies, weaknesses, and violations of your constitutional rights

• Asserting a lack of intent to commit theft, showing that your actions were done in good faith

• Claiming that law enforcement coerced you to commit a crime that you otherwise would not have committed

When fighting the charges is not the most feasible option, your attorney may discuss the plea bargain negotiation. This is a helpful method when the prosecution’s evidence against you is strong or the penalties you would face if convicted are severe.

Speak to a Naperville, IL Theft Defense Attorney Today

Many factors can complicate a theft case, and a conviction can leave you and your family vulnerable to devastating penalties. To ensure you have a fighting chance at challenging the charges against you, speak with the Illinois property crimes defense lawyer at the Law Office of Philip R. Nathe about your case today. Our attorney has extensive experience from both the defense and prosecution’s perspective and will fight aggressively to protect your rights. Call 630-416-7600 to arrange your cost-free consultation as soon as possible.