Chicago Criminal Lawyer Blog
Chicago is a city with deep roots in finance, commerce, and community life. From the business towers in the Loop to residential areas like Albany Park and Bronzeville, the city runs on trust between residents, financial institutions, and local services. When that trust is broken by accusations of identity theft—particularly when the alleged victim is someone with a disability—law enforcement takes an aggressive approach.
Under Illinois law, aggravated identity theft is not treated like ordinary financial misconduct. It is considered an attack on the integrity of vulnerable residents, and the charge carries felony penalties. The statute at the heart of these cases is 720 ILCS 5/16-30, which outlines the offense of identity theft, and subsection (b) which covers aggravated identity theft. When prosecutors believe the victim is disabled, the charge escalates automatically, making it a Class 2 felony at minimum.
Unlike some lower-level crimes in Illinois that may be treated as misdemeanors, aggravated identity theft is never a misdemeanor. It is always a felony, and often one that draws heavy scrutiny from the Cook County State’s Attorney’s financial crimes division. Even first-time offenders can face years in prison, alongside steep financial penalties.
How These Cases Typically Develop in Illinois
Criminal cases for aggravated identity theft in Chicago usually begin with suspicion raised by a third party. A caregiver might notice unexplained withdrawals from a disabled person’s account. A bank might notice multiple loans or credit card applications linked to a single disabled individual. Sometimes, law enforcement is alerted by a government agency such as the Illinois Department of Human Services.
Once suspicion arises, an investigation begins. Investigators collect bank statements, track purchases, subpoena emails, and in some cases, perform forensic examinations of devices like smartphones or laptops. They also interview alleged victims, their families, and caregivers. Because of the sensitive nature of these cases, prosecutors often argue that the alleged victim’s credibility must be protected, which can limit defense access early in the process.
The arrest process can come suddenly. Police may show up at a defendant’s home or workplace, serve a warrant, and take them into custody. From there, the accused will face booking, fingerprinting, and a bond hearing. Judges in Cook County generally treat aggravated identity theft against a disabled person as serious enough to warrant high bond or conditions like electronic monitoring.
This is why it is crucial to have an attorney involved before or immediately after arrest. The earliest stages often determine whether evidence can be challenged later, and whether prosecutors move forward with the most severe charges.
Penalties and Collateral Consequences of Conviction
If convicted of aggravated identity theft against a disabled individual in Illinois, the defendant faces more than just the statutory prison term. The statute provides for Class 2 felony penalties of three to seven years, which can be extended to 14 years depending on aggravating circumstances. When the amount stolen exceeds $100,000, the classification can rise to a Class 1 or Class X felony, which means a sentencing range between six and 30 years.
Fines can be up to $25,000, and restitution to the alleged victim is almost always ordered. In Chicago, judges are under pressure to ensure that disabled victims are compensated, even if the defendant does not have the means to pay.
The impact of a felony record goes beyond sentencing. It can destroy a person’s ability to secure jobs, especially in banking, healthcare, or any industry that requires handling of sensitive data. It can prevent licensing in professions like real estate or law. Housing can also be affected, as many landlords in Cook County and surrounding areas perform background checks. A single conviction can prevent someone from rebuilding their life long after their sentence is complete.
Defending Against Aggravated Identity Theft Charges in Court
Mounting a defense in these cases requires both legal skill and an understanding of the evidentiary burdens prosecutors face. Illinois law requires that prosecutors prove not only that identity theft occurred, but also that the victim was legally disabled. This element is critical, and sometimes overlooked.
A defense strategy may involve challenging whether the alleged victim actually met the statutory definition of disability. For example, in a case on the South Side, the prosecution alleged that a defendant exploited a neighbor who walked with a cane. However, when medical records were reviewed, it was revealed that the neighbor had no legally recognized disability, and prosecutors were forced to amend the charges.
Other strategies include questioning whether the accused had permission to use the victim’s financial information. Caregivers, friends, or family members may sometimes have legitimate access to debit cards or account information. Misunderstandings can look like fraud when, in reality, they were authorized actions.
Evidence is another battleground. Financial records, digital forensics, and witness testimony are not always reliable. Records can be incomplete, and digital footprints can be misinterpreted. Defense attorneys scrutinize the chain of custody for financial documents, whether search warrants were lawfully obtained, and whether the evidence actually ties the accused to the alleged act.
Why an Attorney Makes All the Difference
Defendants often underestimate the seriousness of aggravated identity theft charges. Some believe they can explain themselves to police or prosecutors. This is almost always a mistake. Anything said to law enforcement can be used later, and prosecutors rarely dismiss charges based on explanations from the accused.
An experienced defense attorney ensures that your constitutional rights are protected from the beginning. From challenging unlawful searches to cross-examining witnesses at trial, a defense lawyer can create reasonable doubt where prosecutors claim certainty. Without representation, defendants risk walking into a courtroom with no one to counter the narrative being told by the State’s Attorney’s office.
The Law Offices of David L. Freidberg provides decades of courtroom experience in Chicago and the surrounding counties. I know how these cases are prosecuted, and I know how to fight them.
Frequently Asked Questions About Aggravated Identity Theft in Chicago
What statute covers aggravated identity theft in Illinois?
The controlling law is 720 ILCS 5/16-30. Subsection (b) specifically defines aggravated identity theft when the victim is a person with a disability or over 60. This elevates the offense to a felony with harsher sentencing ranges.
Is aggravated identity theft ever a misdemeanor in Illinois?
No. Unlike other lower-level financial offenses, aggravated identity theft is always a felony. The classification depends on the value involved, but the disability element ensures the charge will never be treated as a misdemeanor.
How do prosecutors prove the victim is disabled?
Prosecutors must present medical records, testimony from healthcare providers, or official documentation that meets the statutory definition of disability. Without this proof, the aggravated element may not stand in court.
What kind of evidence does law enforcement collect in these cases?
Investigators rely heavily on bank records, credit applications, surveillance footage, phone records, and digital forensic examinations of computers or mobile devices. They also take statements from the alleged victim and any caregivers or family members.
What defenses can be raised in aggravated identity theft cases?
Defenses include lack of intent, permission from the alleged victim, mistaken identity, insufficient evidence, or failure to prove the disability element. Constitutional violations, such as unlawful searches, can also lead to suppression of evidence.
What are the collateral consequences of a felony conviction in Illinois?
Beyond prison and fines, a felony conviction affects employment, housing, loans, licensing, and personal reputation. In Chicago, where financial background checks are common, this can block career paths permanently.
Why should I hire The Law Offices of David L. Freidberg?
Because these cases require both legal skill and familiarity with local courts. I have defended individuals in Cook, DuPage, Will, and Lake Counties for decades. My practice focuses on aggressive defense and protecting the rights of those facing serious charges.
When You Need a Fighter, Call Us!
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.
