If you have been charged with theft, you may be worried about the consequences. The severity of theft charges typically depends on the property value involved. However, theft is a crime of moral turpitude, and a conviction could impact other areas of your life beyond the potential criminal consequences. It can derail employment prospects, cause you to lose your job, and even be used against you if you testify in any civil proceeding. Additionally, it can impact immigration issues and be grounds for removal.
Challenging a theft charge can be complex. It is not enough for the State to prove that you possess the property; they must also prove the unlawful acquisition of that property. The underlying facts may help determine whether the State has sufficient evidence to prove your case. If the State has credible evidence, an attorney may negotiate for lower charges, deferred adjudication, or a more favorable outcome. If not, a proactive Chicago theft lawyer may seek dismissal of the charges or contest them in court. An experienced criminal defense lawyer could also advise you of all possible resolutions for your case.
In most states, including Illinois, the value of the property stolen determines the severity of the crime. A Class A misdemeanor involves stolen property valued under $500. If the value exceeds $500, the theft may be considered a felony. The amount can include the cumulative value of goods obtained through multiple acts within a year. For example, some retailers overlook shoplifting until the value of the stolen goods surpasses $500 to charge them with a felony.
Other factors can influence the level of the charges in addition to the dollar value. If the alleged victim is a school, government facility, or place of worship, then theft involving property worth $500 or less may be charged as a felony. A Chicago theft attorney could review the facts of a specific case to explain the charges and potential legal options.
While the State brings criminal charges against a defendant, the prosecutor generally listens to the alleged victim’s recommendations about charges, especially for non-violent offenses. In many theft cases, the alleged victim does not care about criminal punishment if they get restitution for stolen items. In addition to restitution for the dollar value of the stolen goods, they may pursue compensation for any inconvenience caused by the theft.
A lawyer could speak to an alleged victim to discover the possibility of restitution. If they are open to the idea, they could request the prosecutor drop the charges if the defendant compensates them for the losses. A resourceful Chicago theft defense attorney may explore all possibilities, including restitution, to achieve a favorable outcome for the defendant.
One potential outcome is Court Supervision, also known as deferred adjudication. Under Court Supervision, a defendant admits guilt for the crime but requests that the court supervise them instead. If they complete the period of Court Supervision without any additional problems, it will not count as a conviction or go on the defendant’s criminal record. For instances where an attorney cannot get the charges dismissed, this may be the most favorable outcome for first offenders as it can be expunged after a waiting period. However, the court is unlikely to grant Court Supervision if someone has a criminal history. A person may still get probation or conditional discharge, which includes convictions but no jail sentence. Probation is more likely than jail time for minor theft offenses, but jail time is always possible.
Theft charges are serious, with potentially life-altering consequences. A Chicago theft lawyer from Price Benowitz could help you explore potential resolutions and develop a solid defense strategy. We understand the complexities of theft cases and will work diligently to protect your rights. Contact us today to schedule a free case evaluation.
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