Property Crimes

What are Property Crimes?

Property crimes involve the unlawful taking, damaging, or destruction of someone else's property, ranging from simple theft misdemeanors to serious burglary felonies that can result in years in prison and massive restitution orders.

In Illinois, property crimes encompass a vast range of offenses involving theft, fraud, burglary, and property damage. These charges can affect anyone - from teenagers shoplifting to employees accused of theft to homeowners facing arson charges - and carry consequences that can destroy careers, families, and futures.

The property crime reality: What starts as a misunderstanding, false accusation, or moment of poor judgment can quickly escalate into felony charges that threaten everything you've worked to build - your job, your freedom, your reputation, and your family's financial security.

Modern property crime laws create multiple ways to face charges, even when you believe you had permission to take something or when you're falsely accused by vindictive accusers. The penalties have become so severe that any property-related charge requires immediate, aggressive defense to protect your future.

Types of Property Crime Charges We Defend

Illinois property crime law encompasses dozens of different charges and violations, each with unique defenses and consequences. We defend every type of property crime case.

Theft and Retail Theft - 720 ILCS 5/16-1

The foundation of property crime law, with penalties escalating dramatically based on value and circumstances.

Theft by Value Classifications:

• 720 ILCS 5/16-1(b)(1) - Theft under $500 (Class A misdemeanor)
• 720 ILCS 5/16-1(b)(2) - Theft $500-$10,000 (Class 3 felony)
• 720 ILCS 5/16-1(b)(3) - Theft $10,000-$100,000 (Class 2 felony)
• 720 ILCS 5/16-1(b)(4) - Theft over $100,000 (Class 1 felony)

Enhanced Theft Penalties:

• 720 ILCS 5/16-1(b)(5) - Theft from person (Class 3 felony)
• 720 ILCS 5/16-1(b)(6) - Theft from place of worship (Class 3 felony)
• 720 ILCS 5/16-1(b)(7) - Theft from government (enhanced penalties)
• 720 ILCS 5/16-1(b)(8) - Theft during emergency (Class 2 felony)

Retail Theft Violations - 720 ILCS 5/16-25:

• 720 ILCS 5/16-25(a)(1) - Taking merchandise without paying
• 720 ILCS 5/16-25(a)(2) - Altering price tags or labels
• 720 ILCS 5/16-25(a)(3) - Transferring merchandise to different containers
• 720 ILCS 5/16-25(a)(4) - Under-ringing at checkout

Organized Retail Theft:

• 720 ILCS 5/16-25.1 - Retail theft conspiracy and enterprise
• Enhanced penalties for organized schemes
• RICO-style prosecutions

Burglary and Breaking & Entering - 720 ILCS 5/19-1

Serious felony charges involving unlawful entry with intent to commit theft or other crimes.

Burglary Classifications:

• 720 ILCS 5/19-1(a) - Burglary without lawful authority (Class 2 felony)
• 720 ILCS 5/19-1(b) - Residential burglary (Class 1 felony)
• 4-15 years prison for Class 2 felony
• 4-20 years prison for Class 1 felony

Possession of Burglary Tools - 720 ILCS 5/19-2:

• Class 4 felony for possessing burglary instruments
• Intent to use in burglary
• Criminal tool possession

Motor Vehicle Burglary:

• 720 ILCS 5/19-1 - Breaking into vehicles
• Enhanced penalties for multiple vehicles
• Criminal trespass to vehicles

Motor Vehicle Theft - 720 ILCS 5/18-3

Class 2 felony charges for taking motor vehicles without permission with 3-7 year prison sentences.

Motor Vehicle Theft Elements:

• 720 ILCS 5/18-3 - Taking motor vehicle without authority
• 720 ILCS 5/18-4 - Aggravated vehicular hijacking (Class X felony)
• Carjacking and armed vehicle theft
• Commercial vehicle theft

Related Vehicle Crimes:

• 720 ILCS 5/4-103 - Possession of stolen motor vehicle
• 720 ILCS 5/18-5 - Operating chop shop (Class 1 felony)
• 625 ILCS 5/4-103 - Vehicle title fraud

Criminal Damage to Property - 720 ILCS 5/21-1

Vandalism and property destruction charges with penalties based on damage amount and property type.

Criminal Damage Classifications:

• 720 ILCS 5/21-1(a)(1) - Damage under $500 (Class A misdemeanor)
• 720 ILCS 5/21-1(a)(2) - Damage $500-$10,000 (Class 4 felony)
• 720 ILCS 5/21-1(a)(3) - Damage over $10,000 (Class 3 felony)

Enhanced Damage Penalties:

• 720 ILCS 5/21-1.2 - Criminal damage to government property
• 720 ILCS 5/21-1.3 - Criminal damage to fire/police property
• 720 ILCS 5/21-1.01 - Institutional vandalism (Class 4 felony)

Graffiti and Vandalism:

• Spray painting and marking property
• School property destruction
• Public property damage
• Hate crime property damage

Fraud and Deception Crimes - 720 ILCS 5/17

White collar property crimes involving deception, forgery, and financial schemes.

Deception and Fraud:

• 720 ILCS 5/17-1 - Deception (Class 4 felony)
• 720 ILCS 5/17-3 - Forgery (Class 3 felony)
• 720 ILCS 5/17-32 - Financial institution fraud

Identity Theft Crimes:

• 720 ILCS 5/16G-15 - Identity theft (Class 4 felony)
• 720 ILCS 5/16G-20 - Aggravated identity theft (Class 3 felony)
• 720 ILCS 5/16G-25 - Unlawful possession of identification

Credit Card and Financial Crimes:

• 720 ILCS 250/3 - Credit card fraud
• 720 ILCS 250/4 - Fraudulent use of credit cards
• 720 ILCS 5/17-10.5 - Computer fraud (Class 4 felony)

Check and Bank Fraud:

• 720 ILCS 5/17-1a - Bad checks (Class 4 felony over $150)
• 720 ILCS 5/17-10 - Forgery of bank documents
• Wire fraud and electronic crimes

Arson and Fire-Related Crimes - 720 ILCS 5/20-1

Serious felony charges involving fire or explosives with lengthy prison sentences and massive restitution.

Arson Classifications:

• 720 ILCS 5/20-1(a)(1) - Arson (Class 2 felony)
• 720 ILCS 5/20-1.1 - Aggravated arson (Class X felony)
• 720 ILCS 5/20-1.2 - Residential arson (Class X felony)
• 720 ILCS 5/20-1.3 - Place of worship arson (Class X felony)

Possession of Incendiary Devices:

• 720 ILCS 5/20-2 - Possession of explosive/incendiary device
• Molotov cocktails and firebombs
• Criminal use of fire accelerants

Receiving Stolen Property - 720 ILCS 5/16-1

Charges for possessing property knowing it was stolen, often in fencing operations.

Possession of Stolen Property:

• Knowledge that property was stolen
• Value-based penalty structure
• Fencing and pawn shop operations
• Good faith purchase defenses

Trespass and Property Entry Crimes - 720 ILCS 5/21-3

Unlawful entry and presence on property without permission.

Criminal Trespass:

• 720 ILCS 5/21-3 - Criminal trespass to land (Class B misdemeanor)
• 720 ILCS 5/21-4 - Criminal trespass to vehicles (Class A misdemeanor)
• 720 ILCS 5/21-5 - Criminal trespass to residence (Class 4 felony)

Theft of Services and Utilities

Specialized theft charges involving services rather than tangible property.

Service Theft:

• Theft of cable/satellite services
• Utility theft and tampering
• Transportation service theft
• Professional service theft

Computer and Cyber Crimes - 720 ILCS 5/17-50

Technology-related property crimes with federal coordination possibilities.

Computer Crimes:

• 720 ILCS 5/17-50 - Computer fraud (Class 4 felony)
• 720 ILCS 5/17-51 - Computer tampering (Class 4 felony)
• 720 ILCS 5/17-52 - Aggravated computer tampering (Class 3 felony)

Asset Forfeiture and Property Seizure - 725 ILCS 150

Civil proceedings that can seize property allegedly connected to crimes.

Property Subject to Forfeiture:

• Proceeds from criminal activity
• Property used in crimes
• Vehicles and real estate
• Cash and financial accounts

Our Comprehensive Defense Strategy

Every property crime case is different, but our approach combines aggressive constitutional challenges with alternative theories that create reasonable doubt and protect your freedom and financial future.

As a former DuPage County prosecutor who handled thousands of property crime cases, I know how the system works and what it takes to win. We use that insider knowledge to build defenses that protect our clients' futures.

Our approach: Challenge every aspect of the prosecution's case while building strong alternative theories that show you didn't commit the crime or had legal authority to take the property.

15-Point Comprehensive Property Crime Defense Strategy

1. Constitutional and Search & Seizure Challenges

• Fourth Amendment violations - illegal searches and seizures
• Search warrant attacks - insufficient probable cause and execution errors
• Miranda violations - improper interrogation and confession suppression
• Due process challenges - procedural violations and constitutional errors

2. Intent and Knowledge Defenses

• Lack of intent to steal - mistake and misunderstanding defenses
• Good faith belief - reasonable belief in ownership or permission
• Mistake of fact - misunderstanding circumstances
• Intoxication defense - impairment affecting intent

3. Ownership and Permission Defenses

• Actual ownership - proving legitimate ownership of property
• Permission to take - authorization from property owner
• Joint ownership - shared property rights
• Abandonment claims - property left and discarded

4. Identity and Alibi Challenges

• Mistaken identity - wrong person accusations
• Alibi evidence - proving you were elsewhere
• Video analysis - challenging surveillance identification
• Witness reliability - attacking eyewitness accuracy

5. Value and Damage Disputes

• Property valuation - challenging inflated damage claims
• Fair market value - expert appraisal and evaluation
• Depreciation factors - age and condition considerations
• Restitution challenges - limiting financial obligations

6. Chain of Custody and Evidence Integrity

• Evidence handling - custody gaps and contamination
• Property identification - proving stolen property connections
• Forensic challenges - fingerprints and DNA analysis
• Documentation gaps - missing reports and records

7. Retail Theft Specialized Defenses

• Lack of intent to steal - forgetting to pay or confusion
• Mistake and error - unintentional taking
• False accusation - security guard and store employee bias
• Civil vs. criminal - reducing to civil violations

8. Burglary and Entry Challenges

• Lawful authority - permission to enter premises
• Intent disputes - lack of intent to commit felony
• Entry definitions - challenging unlawful entry elements
• Time and presence - alibi and alternative theories

9. Fraud and Deception Defenses

• Good faith transactions - legitimate business dealings
• Mistake and error - unintentional misrepresentations
• Lack of deception - truthful statements and conduct
• Complex schemes - challenging prosecution theories

10. Technology and Computer Crime Defenses

• Unauthorized access - challenging hacking allegations
• System security - weak passwords and open access
• Employee authorization - job-related computer use
• Technical expertise - expert witness testimony

11. Mental Health and Capacity Issues

• Mental illness - impact on intent and capacity
• Competency evaluation - fitness for trial
• Medication effects - impairment and side effects
• Treatment alternatives - mental health court options

12. Asset Protection and Forfeiture Defense

• Innocent owner claims - protecting family property
• Proportionality challenges - excessive forfeiture prevention
• Due process violations - procedural forfeiture challenges
• Alternative resolution - settlement and compromise

13. Negotiation and Charge Reduction

• Felony to misdemeanor - significant charge reductions
• Court supervision - avoiding criminal convictions
• Restitution programs - payment plans and alternatives
• Community service - alternatives to jail time

14. Career and Professional Protection

• Employment consequences - minimizing job impact
• Professional licensing - protecting careers and licenses
• Background check impact - record protection strategies
• Immigration consequences - avoiding deportable offenses

15. Trial Excellence and Jury Strategy

• Jury selection - identifying favorable jurors
• Evidence presentation - challenging prosecution case
• Expert witnesses - technical and valuation testimony
• Closing arguments - reasonable doubt and alternative theories

The comprehensive advantage: Property crime defense requires challenging every element of the prosecution's case while building strong alternative theories that create reasonable doubt and protect your financial future.

Why Choose McMahon Law Offices for Your Property Crime Defense

Property crime defense requires attorneys with the experience, knowledge, and commitment to fight for your freedom and financial future.

Former Prosecutor Insider Knowledge

During my decade as a DuPage County prosecutor, I handled thousands of property crime cases and learned exactly how the system works. I know:

• How prosecutors evaluate intent and knowledge elements
• What evidence police need to prove theft and damage cases
• Which judges are tough on property crimes and which consider mitigation
• How to negotiate favorable restitution agreements and charge reductions
• What it takes to win complex financial crime cases

Proven Track Record of Results

Over 1,000 property crime cases defended with consistent results:

• Dismissals through constitutional challenges and evidence suppression
• Acquittals at trial through reasonable doubt and alternative theories
• Charge reductions from felonies to misdemeanors
• Court supervision protecting criminal records and careers
• Restitution minimization protecting financial assets

Comprehensive Legal Team

Our team includes:

• Former prosecutor with insider knowledge
• Former judge understanding court procedures
• Expert witnesses in forensic science and property valuation
• Financial specialists for complex fraud cases
• Asset protection attorneys for forfeiture defense

24/7 Availability and Immediate Response

Property crime cases require immediate action:

• 24/7 availability for emergency consultations
• Immediate response to preserve evidence and rights
• Same-day jail release assistance
• Emergency asset protection to prevent forfeiture

Client-Centered Approach

Every case receives:

• Personal attention from experienced attorneys
• Regular communication about case progress
• Honest assessment of strengths and weaknesses
• Strategic planning tailored to your specific situation
• Financial protection from excessive restitution

Our commitment: We fight every property crime case with the same intensity and dedication, because we understand that your freedom and financial future depend on the outcome.

Our Philosophy and Commitment

We believe that property crimes often involve misunderstandings and that everyone deserves aggressive defense against theft accusations.

At McMahon Law Offices, we believe:

• Mistakes happen - confusion and misunderstandings often lead to false theft accusations
• Intent matters - taking property without intent to steal is not a crime
• False accusations are common - people lie about theft for insurance, revenge, and personal gain
• Constitutional rights matter - police must follow the law and prove their case
• Financial protection is crucial - excessive restitution can destroy families
• Everyone deserves a second chance - one mistake shouldn't destroy your entire future
• Context matters - understanding the full story behind every accusation

We fight not just for legal victories, but for outcomes that protect your financial future and let you rebuild your reputation.

The comprehensive reality: Illinois property crime law creates dozens of ways to face criminal charges and massive restitution orders. Each type requires specialized defense strategies that challenge every element and protect your assets.

Immediate Action Steps

Property crime cases have critical deadlines and evidence that can disappear quickly - immediate action is essential to protect your freedom and assets.

What to Do RIGHT NOW:

• Contact an attorney immediately - property crime cases move quickly with evidence that disappears
• Don't discuss your case with anyone except your lawyer
• Preserve all evidence - receipts, permissions, ownership documents
• Document your relationship to any property involved
• Protect your assets - prevent property seizure and forfeiture

What NOT to Do:

• Don't admit guilt or apologize to police or alleged victims
• Don't assume you're guilty because property was found in your possession
• Don't agree to pay restitution without legal representation
• Don't hire the cheapest attorney - your freedom and finances depend on quality representation
• Don't miss court dates - warrants and additional charges result

Critical Deadlines:

• 21 days to file motions challenging evidence and searches
• 30 days for various constitutional challenges
• 45 days for asset forfeiture challenges
• Court dates cannot be missed without serious consequences

Your freedom and assets depend on immediate action - call us now at 630-953-4400 before critical deadlines pass and evidence disappears forever.

Frequently Asked Questions

Get essential information about property crime charges and what to expect from the legal process.

About Property Crime Charges

Q: Can I be charged with theft if I thought I had permission?
A: No - theft requires intent to permanently deprive the owner. Good faith belief in permission is a complete defense.

Q: How much restitution will I have to pay?
A: Restitution depends on actual damages and fair market value. We fight excessive restitution claims and seek reasonable payment plans.

Q: What if I was just holding stolen property for someone else?
A: Possession of stolen property requires knowledge that it was stolen. We challenge knowledge elements and prove good faith purchases.

Legal Process

Q: What happens at my first court date?
A: Arraignment where charges are read and you enter a plea - always plead not guilty to preserve your defense options.

Q: Can property crime charges be reduced?
A: Yes - we often negotiate felony charges down to misdemeanors and seek court supervision instead of convictions.

Q: How long does a property crime case take?
A: Cases typically take 3-6 months, but complex fraud cases or trials can take longer.

Consequences

Q: Will this affect my job?
A: Property crime convictions can affect employment, especially jobs involving money or trust. We work to minimize employment consequences.

Q: Can they take my house or car?
A: Asset forfeiture is possible in some cases. We file immediate challenges to protect your property from government seizure.

Q: Will I go to jail for shoplifting?
A: First-time retail theft is often eligible for court supervision with no jail time, especially with experienced representation.

Facing property crime charges? Call us immediately at 630-953-4400 for aggressive defense that protects your freedom and your assets.

Related Resources

Property crime defense requires understanding complex laws, valuation issues, and consequences across multiple areas.

Internal Links:

• DuPage County Criminal Defense Overview
• White Collar Crime Defense
• Asset Forfeiture Defense
• About Attorney Michael McMahon

Understanding your rights, property laws, and defense options is crucial when facing any type of property crime charge.

Contact McMahon Law Offices

When property crime charges threaten your freedom and financial future, you need attorneys who understand that accusations are not convictions and that everyone deserves aggressive defense.

Comprehensive Property Crime Defense for All Charges

When you're facing any type of property crime charge in DuPage County, you need attorneys who understand that many property crimes involve misunderstandings and false accusations. We've defended over 1,000 property crime cases and know what it takes to protect your freedom and assets.

Call Now: 630-953-4400

Email: info@mcmahonlegal.net

Visit: 2150 McDonald Drive, Oak Brook, Illinois, 60523

Available 24/7 for emergency legal assistance

Don't let property crime charges destroy your freedom, career, and financial future. Our experienced DuPage County criminal defense attorneys know how to fight every type of property crime charge and protect what matters most to you and your family.

Get Your Free Case Evaluation Today