In Illinois, aggravated identity theft means you committed identity theft against someone aged 60 or older or with a disability or to further organized gang activities. Depending on the amount stolen, aggravated identity theft ranges from a Class 3 to a Class X felony, meaning prison time between 2 to 30 years.
It is not a defense that you believed your victim was under age 60.
Identity theft offenses include knowingly:
- Using another’s personal identifying information or documents to fraudulently obtain credit, money, goods, services or other property, or to commit a felony.
- Obtaining records, trafficking in or manufacturing another’s personal identifying information or documents: (a) knowing the information was stolen or produced illegally, (b) while intending to commit any felony or (c) knowing that someone else will use the documents to commit a felony.
See Illinois Identity Theft Law.
If you are charged with identity theft, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt. Did you act knowingly? Were you using the information fraudulently or to commit a felony? Were you the one buying or selling the personal identifying document? Did you know someone else was going to use the stolen document to commit a felony?
Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea bargain than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
