What is Theft in Illinois?

Under Illinois Law, (720 ILCS 5/16-1), a person commits the Illinois criminal offense of theft if they:

(1) Obtain or exert unauthorized control over property of the owner; or

(2) Obtain by deception control over property of the owner; or

(3) Obtain by threat control over property of the owner; or

(4) Obtain control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce someone to believe that the property was stolen; or

(5) Obtain or exert control over property in the custody of any law enforcement agency which is explicitly represented to them by any law enforcement officer or any individual acting in behalf of a law enforcement agency as being stolen, and (A) Intends to deprive the owner permanently of the use or benefit of the property; or (B) Knowingly uses, conceals or abandons the property in such manner as to deprive the owner permanently of such use or benefit; or (C) Uses, conceals, or abandons the property knowing such use, concealment or abandonment probably will deprive the owner permanently of such use or benefit.

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What is the Sentence for Theft in Illinois?

The sentence for theft in Illinois primarily depends on the value of the amount stolen and whether the property stolen was from a person and where the offense took place. Generally, if the theft occurred at a place of worship, school or of government property, the Class of felony is enhanced as set forth below.

If the Theft is NOT from a Person

(1) Theft of property NOT from the person and NOT exceeding $300 in value is a Class A Misdemeanor. Under Illinois Law, a Class A Misdemeanor is punishable by up to 1 year in jail and a maximum fine of $2,500. Under Illinois Law, Misdemeanor Probation, Conditional Discharge, and Court Supervision, which is not a conviction, may be available for a Class A Misdemeanor. However, if the theft was committed in a school or place of worship, or if the theft was of governmental property, it is considered a Class 4 felony. Under Illinois law, a Class 4 felony carries a jail sentence form 1 to 3 years. Under Illinois law, probation may be available for a Class 4 felony.

(2) A person who has been convicted of theft of property NOT from the person and not exceeding $300 in value who has been previously convicted of any type of theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or 4-103.3 of the Illinois Vehicle Code relating to the possession of a stolen or converted motor vehicle, or a violation of Section 8 of the Illinois Credit Card and Debit Card Act is guilty of a Class 4 felony. Under Illinois law, a Class 4 felony carries a jail sentence form 1 to 3 years. Under Illinois law, probation may be available for a Class 4 felony.

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If the Theft is FROM a Person

(1) If the theft is from a person and the value is between $300.00 and $10,000, it is Class 3 felony. Under Illinois law, a Class 3 felony carries a possible jail sentence from 2 to 7 years. Under Illinois law, probation is available for a Class 3 felony. However, if the theft was committed in a school or place of worship or if the theft was of governmental property it is a Class 2 felony. Under Illinois law, a Class 2 felony carries a possible jail sentence from 3 to 7 years. Under Illinois law, probation is available for a Class 2 felony.

(2) If the theft is from a person and value is between $10,000 and $100,000, it is considered a Class 2 felony. Under Illinois law, a Class 2 felony carries a possible jail sentence from 3 to 7 years. Under Illinois law, probation is available for a Class 2 felony. However, if the theft was committed in a school or place of worship, or if the theft was of governmental property, it is considered a Class 1 felony. Under Illinois law, a Class 1 felony carries a possible jail sentence from 4 to 15 years. Under Illinois law, probation is available for a Class 1 felony.

(3) If the theft is from a person and the value is property is between $100,000 and $500,000 it is considered is a Class 1 felony. Under Illinois law, a Class 1 felony carries a possible jail sentence from 4 to 15 years. Under Illinois law, probation is available for a Class 1 felony. However, if the theft was committed in a school or place of worship, or if the theft was of governmental property and the amount exceeds $100,000, it is considered a Class X felony. Under Illinois law, a Class X felony carries a mandatory prison sentence from 6 to 30 years. Under Illinois law, probation is not available for a Class X felony.

(4) If the Theft of property exceeds $500,000 in value, it is a Class 1 felony. Under Illinois law, a Class 1 felony for Theft of property exceeding $500,000 in value carries a prison sentence of 4 to 15 years and probation is not available.

The Chicago criminal defense attorneys at Legal Defenders, your Chicago Theft attorneys, have extensive experience in representing individuals charged with all types of Theft offenses throughout Cook County and Chicago land. The Chicago criminal defense attorneys at Legal Defenders, your Chicago Theft attorneys, understand the differences between Class 1, Class 2, Class 3, Class 4 and Class X Illinois felony Theft offenses. In addition, the Chicago criminal defense attorneys at Legal Defenders, your Chicago Theft attorneys, are familiar with the various sentencing ranges for Theft and understand the complexities of the various sentencing factors. To discuss your particular Illinois Theft case, call the experienced Chicago criminal defense attorneys at Legal Defenders, your Chicago Theft attorneys.

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Cook County Courthouses and Locations

Illinois Criminal Sentencing Chart

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