McMahon Law Offices
Accused of theft, burglary, or fraud in DuPage County? A former prosecutor and retired judge know exactly how the state builds property cases and where they fall apart. Call for a free case review.
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"Property cases hinge on intent. The state has to prove you meant to take it, meant to keep it, meant to defraud. That burden is harder to meet than most prosecutors want you to believe."
— Mike McMahon, Former DuPage County ProsecutorProperty Crime Defense Overview
A property crime charge in DuPage County can mean jail time, thousands in fines, mandatory restitution, and a permanent criminal record that follows you on every job application and background check.
Most clients we defend are not career criminals. They are employees who made poor financial decisions under hardship, shoppers falsely accused by overzealous security, or people whose actions were misinterpreted by witnesses. Good people facing serious consequences.
Mike McMahon prosecuted hundreds of property cases for the state. He knows exactly what evidence the prosecution needs to prove intent, what makes their witness testimony fall apart, and where their case is most vulnerable. Judge Pierce presided over property trials for years and knows what arguments actually create reasonable doubt.
We fight to get property charges dismissed, reduced, or beaten at trial. We challenge lack of intent, mistaken identity, insufficient evidence, and constitutional violations in every case.
Illinois Property Crimes
| Charge | Classification | |
|---|---|---|
Retail Theft (Shoplifting) Shoplifting under $300 is a misdemeanor. Over $300, prior convictions, or organized retail theft elevates to felony. 720 ILCS 5/16-25 |
Class A Misdemeanor to Class 2 Felony | |
Theft Unlawfully taking property of another. Penalties scale from misdemeanor to Class 1 felony based on value and circumstances. 720 ILCS 5/16-1 |
Class A Misdemeanor to Class 1 Felony | |
Burglary Unlawfully entering a building with intent to commit theft or felony. Non-probationable Class 2 felony. 720 ILCS 5/19-1 |
Class 2 Felony | |
Residential Burglary Entering the dwelling place of another without permission. Class 1 felony with 4 to 15 years mandatory prison time. 720 ILCS 5/19-3 |
Class 1 Felony | |
Identity Theft Using another person's personal identifying information without permission. Severe credit and employment consequences. 720 ILCS 5/16-30 |
Class 3 Felony | |
Forgery Making or altering documents with intent to defraud. Carries 2 to 5 years prison and restitution requirements. 720 ILCS 5/17-3 |
Class 3 Felony | |
Criminal Damage to Property Intentionally damaging another person's property. Penalties based on damage amount, from misdemeanor to Class 2 felony. 720 ILCS 5/21-1 |
Class A Misdemeanor to Class 2 Felony | |
Embezzlement Theft by an employee or person in a position of trust. Enhanced penalties and professional license consequences. 720 ILCS 5/16-1 |
Class 3 to Class 1 Felony | |
Criminal Trespass Unlawfully entering or remaining on property after being forbidden. Penalties range from misdemeanor to Class 4 felony. 720 ILCS 5/21-3 |
Class B Misdemeanor to Class 4 Felony | |
Arson Intentionally damaging property by fire or explosion. Class 2 felony with 3 to 7 years prison and massive restitution. 720 ILCS 5/20-1 |
Class 2 Felony | |
Financial Fraud Obtaining property through deception or false pretenses. Class 3 felony with restitution and civil liability. 720 ILCS 5/17-1 |
Class 3 Felony | |
Credit Card Fraud Unlawful use of credit or debit cards. Penalties based on amount and pattern of fraudulent activity. 720 ILCS 5/17-36 |
Class A Misdemeanor to Class 2 Felony | |
Check Fraud Writing bad checks or altering checks. Penalties based on amount with banking industry prosecution support. 720 ILCS 5/17-1 |
Class A Misdemeanor to Class 3 Felony | |
Graffiti Defacing property with paint or markings. Class A misdemeanor with mandatory community service and cleanup costs. 720 ILCS 5/21-1.3 |
Class A Misdemeanor |
Property Crime Case Results
Every result below is a real property crime case handled in DuPage County.
Why McMahon Law Offices
Former prosecutors who built property cases now use that knowledge to tear them apart.
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5-Star ReviewsMike McMahon built property cases for the state. He knows what evidence they need to prove intent, how they use surveillance footage, and where witness testimony falls apart.
Every property crime requires the state to prove criminal intent. Misunderstandings, honest mistakes, and disputed ownership happen every day. We make the prosecution prove their case.
Unreliable witnesses, blurry surveillance footage, flawed identifications, and overzealous security guards. We scrutinize every piece of evidence the state uses against you.
Judge Pierce spent years on the bench deciding property cases. He knows what arguments resonate with every judge in Wheaton and what creates reasonable doubt.
Retailers and property owners often inflate damage claims. We challenge excessive restitution demands and negotiate payment terms that protect your finances.
A property crime conviction shows up on every background check. We pursue supervision, dismissal, and expungement-eligible outcomes to keep your record clean for employment and housing.
How To Get Started
A simple, straightforward process from your first call to your first court appearance.
Call us or fill out our contact form. Surveillance footage gets overwritten, witnesses forget details, and evidence disappears. Early action protects your defense.
Tell us what happened, how you were identified, what was said to police, and what you were charged with. Property cases turn on details most people overlook.
We obtain surveillance footage, review police reports, interview witnesses, challenge property valuations, and file motions to suppress illegally obtained evidence.
Dismissal, reduced charges, court supervision, or not guilty verdict. We pursue the strongest outcome your case allows while protecting your record and your future.
Your Property Defense Team
A former prosecutor who built property cases and a retired judge who decided them.
Areas We Serve
We defend property crime charges throughout DuPage County and neighboring Illinois counties.
2150 McDonald Dr Suite 1608
Oak Brook, IL 60523
Available for in-person case reviews upon request. We defend property crime cases in all of DuPage County and neighboring counties throughout Illinois.
Do not make any statements to store security or police beyond your name and identifying information. Do not sign any documents from the retailer, including civil demand letters or admission of guilt forms. Call an attorney immediately. Anything you say or sign can be used against you in criminal court. The earlier we get involved, the more options we have to challenge the evidence and protect your record.
Yes. Property charges are dismissed regularly when the state cannot prove criminal intent, when the identification is unreliable, when surveillance footage is inconclusive, when the search or detention violated your rights, or when the property value was incorrectly calculated. Every property case has potential weaknesses. Our job is to find them and use them to your advantage.
Theft is unlawfully taking someone else's property. Burglary is unlawfully entering a building with the intent to commit theft or another felony inside. The key difference is the entry. Theft penalties scale based on the property value, from misdemeanor to Class 1 felony. Burglary is a Class 2 felony (3 to 7 years) regardless of value, and residential burglary is a Class 1 felony (4 to 15 years) with mandatory prison time.
Yes. A retail theft conviction in Illinois appears on criminal background checks and can affect employment, housing, and professional licensing for life. Many employers in retail, finance, healthcare, and education specifically screen for theft-related offenses. This is why fighting for supervision, dismissal, or an expungement-eligible outcome is so important. Avoiding a conviction entirely is always the best result.
Theft penalties in Illinois depend on the value of the property. Property valued under $500 is a Class A misdemeanor (up to 364 days in jail, $2,500 fine). Property valued at $500 to $10,000 is a Class 3 felony (2 to 5 years). Property valued at $10,000 to $100,000 is a Class 2 felony (3 to 7 years). Over $100,000 is a Class 1 felony (4 to 15 years). All convictions also carry mandatory restitution to the victim and a permanent criminal record.
Court supervision is available for many misdemeanor property offenses and some lower-level felonies, particularly for first-time offenders. Supervision means you complete certain requirements (community service, restitution, staying out of trouble) and if you do, no conviction appears on your record. Supervision is not available for all charges. Residential burglary, for example, carries mandatory prison time with no supervision option. We evaluate your eligibility at your free consultation.
Civil demand letters are separate from criminal charges. Retailers are allowed under Illinois law to send civil demand letters seeking damages, but paying or not paying the civil demand does not affect your criminal case. Do not assume that paying the civil demand will make the criminal charges go away. Talk to your attorney before responding to any civil demand letter. We advise you on whether and how to respond as part of your overall defense strategy.
Misdemeanor property cases typically resolve within 2 to 6 months. Felony cases involving burglary, fraud, or high-value theft can take 6 to 18 months depending on the complexity of the evidence, restitution disputes, and whether the case goes to trial. We give you a realistic timeline at your free consultation based on the specific charges and circumstances of your case.
Resources
Guides written to help you understand your property charges, rights, and options.
Get Started
Submit a contact form or call us to schedule your free property crime case review. Surveillance footage disappears fast. The sooner we act, the stronger your defense.
Your information is confidential and protected by attorney-client privilege. We will never share your information.
