I Am a Former Prosecutor Who Will Fight for Your Rights
Theft Crimes Defense
Representation at Every Stage of Your Theft Crimes Case
Theft charges in Illinois cover far more ground than most people expect — and the difference between a misdemeanor and a felony often comes down to a single dollar amount or a single prior conviction. W. Scott Hanken has spent 37+ years on both sides of these cases, first as a Sangamon County prosecutor and now defending clients against everything from a first-time shoplifting charge to felony burglary and forgery allegations.
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A Former Prosecutor on Your Side
Theft cases often turn on details that aren’t obvious from the charge itself: how the value of the property was calculated, whether intent can actually be proven, and whether the evidence was gathered lawfully. Having prosecuted these cases before defending against them, Attorney Hanken knows exactly what the State has to prove — and where that proof tends to be weakest.
He’s rated Avvo 10.0 “Superb,” has been voted “Best Attorney” by both the Illinois Times and the State Journal-Register, and has earned 270+ five-star Google reviews and 340+ five-star FindLaw reviews. His office is in Springfield, a short walk from the Sangamon County Courthouse where most local theft cases are heard.
Theft Crimes We Defend
This office handles theft allegations ranging from first-time shoplifting to felony burglary, robbery, and financial fraud.
Commonly defended charges include:
- General theft (taking property or services without authorization)
- Retail theft (shoplifting)
- Burglary and residential burglary
- Robbery and armed robbery
- Motor vehicle theft
- Forgery
- Deceptive practices (writing bad checks)
- Unlawful use of a credit or debit card
- Embezzlement and theft by an employee
- Identity theft
- Insurance fraud
- Financial exploitation of an elderly person or person with a disability
The more serious the offense — and the larger the dollar amount involved — the more likely a conviction means real prison time rather than probation. Many of these cases also involve extensive paper trails, surveillance footage, or financial records that need to be carefully investigated before any defense strategy can be built.
How Illinois Classifies Theft: It’s All About Value
Under the general theft statute (720 ILCS 5/16-1), the dollar value of what was taken — not just the act itself — is usually what decides whether you’re facing a misdemeanor or a felony, and which felony class.
| Value / Circumstances | Classification |
|---|---|
| $500 or less, not taken from a person | Class A misdemeanor |
| Taken directly from a person (any amount up to $500), or $500–$10,000 | Class 3 felony |
| $10,000–$100,000 | Class 2 felony |
| $100,000–$500,000 | Class 1 felony |
| $500,000–$1,000,000 | Class 1 felony, non-probationable |
| Over $1,000,000 | Class X felony |
Several factors push a charge up even when the value alone wouldn’t: theft committed in a school or place of worship, theft of government property, or a prior conviction for theft, robbery, burglary, or a related offense can each turn what would otherwise be a misdemeanor into a Class 4 felony. The value of the property is something the State has to prove beyond a reasonable doubt — if they can’t establish the amount, the charge (or the conviction) may be reduced.
Retail Theft (Shoplifting): A Different Threshold
Illinois has a separate statute just for retail theft (720 ILCS 5/16-25), and it uses a lower dollar threshold than general theft — $300, not $500.
- $300 or less (or $150 for motor fuel): Class A misdemeanor
- $300 or less, with a prior theft-related conviction: Class 4 felony
- Any value, using a theft-detection shielding device or remover (a second or subsequent time): Class 4 felony
- Any value, using an emergency exit to facilitate the theft: Class 4 felony
- Over $300: Class 3 felony
- Over $300, using an emergency exit: Class 2 felony
You don’t have to successfully leave the store to be charged — concealing merchandise with intent to steal it is enough, even if you’re stopped before reaching the exit. Switching price tags to pay less than full price also qualifies as retail theft, separate from simple concealment.
Burglary, Robbery, and Theft Aren’t the Same Thing
These three charges are often confused, but Illinois law treats them very differently — burglary is about unauthorized entry, robbery requires a victim and force, and theft requires neither.
- Burglary (720 ILCS 5/19-1) happens when someone enters a building, vehicle, watercraft, or similar property without authority, intending to commit a theft or felony inside. No victim needs to be present, and nothing has to actually be taken — the unauthorized entry with criminal intent is the crime itself. Burglary of a vehicle, boat, aircraft, railroad car, or freight container without causing damage is a Class 3 felony — but causing damage to any of those, or burglary of a building or housetrailer, is a Class 2 felony. Burglary of a school, day care facility, or place of worship is a Class 1 felony, though the day care enhancement doesn’t apply to a day care operated in a private residence.
- Residential burglary (720 ILCS 5/19-3) — entering someone’s dwelling with intent to commit a theft or felony — is treated significantly more seriously than ordinary burglary. It’s a Class 1 felony and is non-probationable in most circumstances, meaning a conviction generally means prison rather than probation.
- Home invasion (720 ILCS 5/19-6) — entering a home knowing someone is present, then using or threatening force — escalates further to a Class X felony, with mandatory sentencing enhancements if a firearm is involved.
Robbery & Armed Robbery: When Force Changes Everything
Robbery requires taking property directly from a person by force or the threat of force — armed robbery adds a weapon to that equation, and the penalties jump accordingly.
- Robbery (720 ILCS 5/18-1): a Class 2 felony, enhanced to a Class 1 felony if the victim is 60 or older, has a physical disability, or the robbery occurs in a school, daycare, or place of worship.
- Aggravated robbery (720 ILCS 5/18-1(b)): indicating — verbally or through actions — that you’re armed with a firearm or dangerous weapon, even without actually having one, is a Class 1 felony.
- Armed robbery (720 ILCS 5/18-2): actually being armed with a dangerous weapon is a Class X felony. If the weapon is a firearm, 15 years is added to the sentence; if it’s discharged, 20 years is added; if it causes great bodily harm or death, the enhancement climbs to 25 years up to natural life.
Forgery, Bad Checks & Credit Card Fraud
Forgery, deceptive practices, and credit card-related charges all hinge on intent to defraud — and the penalties scale with how much money was involved and whether it’s a repeat offense.
- Forgery (720 ILCS 5/17-3): knowingly making or altering a false document capable of defrauding someone, or possessing or delivering one with that intent. Replace with: Forgery is generally a Class 3 felony, though forging a single Universal Price Code label is a Class 4 felony and forging an academic degree or a coin is a Class A misdemeanor.
- Deceptive practices / bad checks (720 ILCS 5/17-1): writing a check you know won’t be honored is generally a Class A misdemeanor — but it escalates to a Class 4 felony if the amount involved exceeds $150 (in a single transaction or aggregated over a 90-day period), or if it’s a repeat offense involving multiple bad checks within a 12-month period.
- Unlawful use of a credit or debit card, including possessing stolen card information or fraudulently obtained cards, is generally charged under this same framework, with felony exposure once the value crosses these same thresholds.
Identity Theft: A Felony Regardless of the Dollar Amount
Unlike general theft, which starts as a misdemeanor for smaller amounts, identity theft in Illinois is a felony from the very first dollar.
Under 720 ILCS 5/16-30, a person commits identity theft by knowingly using another person’s identifying information — a Social Security number, driver’s license, bank account, or credit card details — to obtain credit, money, goods, services, or property without their authorization. Creating, possessing, or selling someone else’s identifying information with intent to commit a felony, or knowingly using information that was stolen, also falls under this statute.
Where the offense involves fraudulently obtaining credit, money, goods, services, or property, penalties scale by value — but every tier is a felony:
- $300 or less: Class 4 felony
- $300–$2,000: Class 3 felony
- $2,000–$10,000: Class 2 felony
- $10,000–$100,000: Class 1 felony
- Over $100,000: Class X felony
Offenses involving the possession, transfer, or sale of another person’s identifying information are charged as a Class 3 felony regardless of the dollar amount involved.
The charge becomes aggravated identity theft — carrying harsher penalties at every value tier — when the victim is 60 or older, has a disability, or the offense furthers the activities of an organized gang. Separately, the statute raises the felony class when the victim is an active duty member of the U.S. Armed Services, Reserve Forces, or Illinois National Guard serving in a foreign country. A prior aggravated identity theft conviction makes a second offense a Class X felony regardless of the amount involved, and certain offenses involving three or more victims within a 12-month period carry their own elevated classification.
Insurance Fraud: Charges Apply Even If the Claim Was Never Paid
You don’t have to successfully collect a payout to be charged with insurance fraud in Illinois — attempting to obtain money from an insurer through a false claim is enough on its own.
Under 720 ILCS 5/17-10.5, insurance fraud occurs when someone knowingly obtains, attempts to obtain, or causes to be obtained property from an insurance company or self-insured entity by making a false claim. Health care benefits fraud against a private provider is a separate offense under the same statute, and it is charged as a Class A misdemeanor regardless of the amount involved.
For insurance fraud, penalties scale with the value of the claim:
- $300 or less: Class A misdemeanor
- More than $300, up to $10,000: Class 3 felony
- More than $10,000, up to $100,000: Class 2 felony
- Over $100,000: Class 1 felony
A person who commits insurance fraud three or more times within an 18-month period faces aggravated insurance fraud — a Class 1 felony regardless of the dollar amount involved. Beyond the criminal case, a conviction carries civil exposure too: the insurer can sue separately for three times the value of what was obtained — or twice the value of what was claimed if nothing was paid out, whichever is greater — plus attorney’s fees, and anyone with a professional license in Illinois will have the conviction reported to their licensing board.
Financial Exploitation of an Elderly or Disabled Person
This charge requires something ordinary theft doesn’t: a position of trust — a caregiver, family member, financial professional, or someone holding power of attorney who uses that relationship to take control of a vulnerable person’s money or property.
Under 720 ILCS 5/17-56, a person commits this offense when they stand in a position of trust or confidence with an elderly person (60 or older) or a person with a disability, and knowingly use deception or intimidation to obtain control over that person’s property, or illegally use their assets. The statute defines “position of trust” broadly — a relative, a joint tenant, a paid or unpaid caregiver, a financial planner, or even a friend the victim has come to trust can all qualify.
Penalties scale with value, but the thresholds tighten as the victim’s age increases:
- $300 or less: Class 4 felony
- $300–$5,000: Class 3 felony
- $5,000–$50,000: Class 2 felony
- $50,000 or more: Class 1 felony — also triggered at just $15,000 if the elderly victim is 70 or older, or at just $5,000 if the elderly victim is 80 or older
Beyond the criminal case, a civil judgment for financial exploitation can require paying the victim treble (three times) the value of the property taken, plus attorney’s fees and court costs — and that civil liability can attach whether or not the person is criminally charged or convicted. Illinois law also lets prosecutors petition the court to freeze a defendant’s assets before trial once the alleged loss exceeds $5,000 — but only up to the alleged value of the property, and only on a showing by a preponderance of the evidence.
Embezzlement & Theft by an Employee
Illinois doesn’t have a separate “embezzlement” statute — these cases are prosecuted under the same general theft law, which means an employer can aggregate many small takings into a single, much larger felony charge.
When someone in a position of trust — an employee, a bookkeeper, an officer of an organization — takes money or property they were only authorized to handle, not keep, that’s still theft by “unauthorized control” under 720 ILCS 5/16-1. What makes these cases distinct is how the value is often calculated: a continuing pattern of smaller takings over time can be combined into a single charge if the State charges it that way, which can turn what looked like a series of minor incidents into a high-level felony. These cases frequently rest on financial records, audit trails, and the accuracy of the employer’s own bookkeeping — all of which can be challenged.
Your Record After a Theft Case: Expungement vs. Sealing
A felony theft conviction generally cannot be expunged — but it can usually be sealed once enough time has passed, and understanding the difference between those two remedies is one of the most consequential parts of any theft case.
Illinois treats expungement and sealing as separate remedies. Expungement destroys the record; sealing keeps it on file but makes it unavailable to the public and to most employers, while law enforcement and certain licensing agencies retain access. Cases that end in dismissal, acquittal, or successfully completed supervision may be eligible for expungement. A felony theft conviction generally is not — but under 20 ILCS 2630/5.2, most felony convictions become eligible for sealing three years after your last sentence ends, and theft offenses are not among the categories the statute excludes from sealing.
How We Fight Theft Charges
Many theft cases are won on proof problems — the State has to establish value, intent, and identity beyond a reasonable doubt, and each of those is a real point of attack.
Common defense strategies include:
- Challenging intent — theft requires knowingly exerting unauthorized control over property; a genuine misunderstanding, a good-faith belief you had a right to the property, or simple confusion can undercut that element entirely
- Disputing the value — since value often determines the felony class, a successful challenge to the State’s valuation can move a case down an entire classification
- Mistaken identity — particularly common in retail and crowded-space settings, where surveillance footage and witness accounts can clear up confusion
- Challenging the search or seizure — evidence obtained in violation of your Fourth Amendment rights may be suppressed
- Attacking financial and chain-of-custody records — in forgery, fraud, and embezzlement cases, the State’s documentation is often the entire case
Even where a full dismissal isn’t realistic, many theft cases resolve through negotiated reductions, diversion programs, or court supervision rather than a felony conviction.
Frequently Asked Questions (FAQs)
What’s the difference between theft, robbery, and burglary in Illinois?
Theft is taking property without authorization — no force or entry required. Robbery requires taking property directly from a person using force or the threat of force. Burglary requires entering a building, vehicle, or similar property without authority and with intent to commit a theft or felony inside, regardless of whether anything is actually taken.
How does Illinois decide whether theft is a misdemeanor or a felony?
Mainly the dollar value of what was taken. Under the general theft statute, $500 or less (not taken from a person) is typically a Class A misdemeanor, while anything above that — or theft taken directly from a person — becomes a felony. Certain circumstances, like a prior theft conviction or theft from a school or place of worship, can push even smaller amounts into felony territory.
Is retail theft (shoplifting) treated differently than other theft?
Yes. Retail theft has its own statute with a $300 threshold instead of the $500 used for general theft, and additional enhancements apply for things like using an emergency exit or a theft-detection shielding device.
Can a theft conviction be expunged from my record in Illinois?
It depends on both the classification and which remedy you’re asking about. Cases resolved through dismissal, acquittal, or successfully completed supervision may be eligible for expungement. A felony theft conviction generally cannot be expunged — but it can usually be sealed three years after your last sentence ends, which removes it from public background checks even though law enforcement and some licensing agencies retain access. Keeping a charge at the misdemeanor level still matters a great deal, but a felony conviction is not necessarily permanent.
What happens if I’m accused of stealing from my employer?
These cases are charged under the same general theft statute as any other theft, but employers and prosecutors can aggregate multiple smaller incidents into a single, larger felony charge based on the total value over time. Defending these cases usually means closely examining the financial records and audit trail the accusation is built on.
Do I need a lawyer for a first-time shoplifting charge?
Yes, even though it may feel minor. A retail theft conviction — even a misdemeanor — creates a criminal record, and certain circumstances (a prior conviction, use of an emergency exit) can turn what looks like a small case into a felony. An attorney can often negotiate a reduction, diversion, or supervision that keeps the charge off your record entirely.
Can multiple smaller thefts be combined into one larger felony charge?
Often, yes — but how depends on the charge. Retail theft has aggregation written into the statute, so purchases across multiple stores over a year can be added together. For general theft, including employee theft, the State has to aggregate through the joinder rules and charge it correctly; where it doesn’t, the felony may not hold up. That makes aggregation a frequent point of dispute rather than a foregone conclusion.
Is identity theft treated the same as regular theft in Illinois?
No — identity theft is charged more harshly. Ordinary theft under $500 is usually a misdemeanor, but identity theft is a felony starting at any dollar amount, even $300 or less. The charge becomes aggravated identity theft when the victim is 60 or older or has a disability, or when the offense furthers organized gang activity. The statute separately increases the felony class when the victim is an active duty service member serving in a foreign country.
What counts as insurance fraud in Illinois?
Insurance fraud means knowingly providing false information to obtain a payout from an insurer — this includes staged accidents, inflated claims, and false statements on an application. It’s charged based on the dollar value involved, and filing three or more fraudulent claims within an 18-month period triggers aggravated insurance fraud charges regardless of the amount.
What is financial exploitation of an elderly or disabled person, and how is it different from theft?
This charge applies specifically when someone in a position of trust — a caregiver, family member, or someone with power of attorney — uses deception or their position to take control of an elderly or disabled person’s money or property. It carries harsher penalties than ordinary theft, and the thresholds get stricter as the victim’s age increases: an amount that would be a lower-level felony against a general victim becomes a more serious felony once the victim is 70 or older, and more serious still at 80 or older.
More on Theft Crimes from Our Blog
For deeper dives into specific theft charge issues — retail theft, burglary, robbery, and embezzlement — visit our Theft Crimes blog category.
Schedule Your Free Consultation
A theft charge moves fast, and the details that decide how it ends — how the property was valued, whether intent can actually be proven, whether the evidence was lawfully obtained — are easiest to challenge early, before a plea is entered. The sooner an experienced defense attorney is involved, the more options stay on the table.
Call W. Scott Hanken at (217) 544-4057 or contact the office online to schedule a free, confidential consultation. The firm serves clients throughout Springfield, Sangamon County, and Central Illinois.
📍 1100 S 5th St, Springfield, IL 62703 ☎ (217) 544-4057 🌐 hankenlaw.com
This page is for general informational purposes only and does not constitute legal advice. Every case is unique — contact W. Scott Hanken directly for guidance on your specific situation.
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