Chicago Criminal Lawyer Blog
Chicago is home to one of the largest concentrations of veterans and military service members in Illinois. From residents commuting to Naval Station Great Lakes, to reservists and National Guard members balancing civilian life with military duty, the city and its surrounding counties have a strong connection to the armed forces. Unfortunately, this visibility also means that service members are sometimes targeted by identity thieves.
Illinois lawmakers recognize that stealing the identity of a military service member can be especially damaging. It not only threatens financial stability, but also puts service members’ deployment status, benefits, and security clearances at risk. Because of these unique vulnerabilities, Illinois has made identity theft against a military service member an aggravated offense under 720 ILCS 5/16G-20.
Aggravated identity theft is charged more harshly than standard identity theft under 720 ILCS 5/16G-15. What might normally be a lower-level felony is automatically elevated if the victim is an active duty member of the Armed Services, a reservist on active orders, or the spouse of a service member. In Chicago, Cook County prosecutors — and sometimes federal authorities — pursue these cases aggressively, seeking longer prison sentences and higher fines.
If you are accused of identity theft against a service member in Chicago, your future, freedom, and financial security are at stake. A conviction can follow you for life, which is why an experienced Chicago criminal defense attorney is essential from the very first stage of the case.
Illinois Statutes: Identity Theft and Aggravated Identity Theft
The foundation of these charges lies in Illinois’ criminal code.
Identity Theft – 720 ILCS 5/16G-15
This statute makes it a crime to knowingly use, possess, or transmit another person’s personal identifying information with intent to commit fraud. Identifying information includes Social Security numbers, bank account numbers, driver’s license numbers, military identification numbers, and biometric data. Even possessing such information without authorization can be enough for prosecutors to bring charges.
Aggravated Identity Theft – 720 ILCS 5/16G-20
When the victim of identity theft is a military service member, a reservist on active duty, or the spouse of a service member, the charge is enhanced. Aggravated identity theft can also be charged in other situations, such as when the victim is over 60 or disabled, but the legislature singled out military members for special protection.
Penalty Enhancements
-
A charge that would normally be a Class 3 felony (two to five years in prison) becomes a Class 2 felony (three to seven years).
-
A charge that would normally be a Class 2 felony becomes a Class 1 felony (four to fifteen years).
-
In cases involving large dollar amounts or multiple victims, aggravated identity theft can even rise to a Class X felony, which carries six to thirty years in prison.
These penalty escalations reflect Illinois’ position that targeting military members is an especially serious breach of trust and security.
How Criminal Cases Begin in Chicago: Investigations and Arrests
Aggravated identity theft cases typically begin when a service member or their family notices suspicious activity. Unauthorized withdrawals, unfamiliar credit card charges, or fraudulent loan applications may trigger a report to local police, banks, or credit card companies. In Chicago, the Chicago Police Department often coordinates with Cook County State’s Attorney investigators and, in some cases, federal agencies such as the Secret Service.
The investigation process involves gathering a broad range of evidence:
-
Financial records and transaction histories
-
Applications for loans or credit cards in the victim’s name
-
Surveillance video from ATMs or retail stores
-
IP address tracking linked to online applications
-
Seized laptops, smartphones, or storage devices
-
Testimony from alleged victims and witnesses
Once investigators believe they have probable cause, they will seek an arrest warrant. In Chicago, arrests are often executed with cooperation from financial institutions and sometimes involve search warrants on homes or offices. After the arrest, the accused is booked and brought before a Cook County judge for a bond hearing.
At this stage, having a defense attorney is critical. A lawyer can argue for reasonable bond conditions and keep the defendant from remaining in custody while awaiting trial.
Penalties and Consequences of Conviction
A conviction for aggravated identity theft in Illinois carries severe consequences. Prison terms can range from three years for lower-level cases to thirty years for Class X convictions. Fines can reach $25,000, and restitution to the victim is often ordered.
But the consequences extend beyond the courtroom:
-
Employment: Employers in Illinois are reluctant to hire individuals with identity theft convictions because the crime involves dishonesty and financial misconduct.
-
Housing: Landlords may deny applications due to background check results.
-
Professional licenses: Careers in healthcare, finance, real estate, or law may become unavailable.
-
Immigration: Non-citizens face deportation or denial of citizenship.
-
Reputation: A conviction carries lasting stigma in both personal and professional relationships.
Because these consequences are life-altering, fighting the charges with a strong defense strategy is essential.
The Criminal Trial Process in Illinois
After arraignment, where charges are read and a plea is entered, the case moves into discovery. Prosecutors must turn over the evidence they intend to use, and defense counsel has the opportunity to analyze it. Pre-trial motions may challenge whether evidence was obtained legally, whether probable cause existed for search warrants, or whether the charges are properly supported.
At trial, the prosecution bears the burden of proving guilt beyond a reasonable doubt. This requires connecting the accused directly to the fraudulent transactions. Defense attorneys may challenge digital forensics, raise doubt about eyewitness identifications, or present alternate explanations for suspicious activity.
Example Case in Chicago
Imagine a case in Rogers Park where prosecutors allege that an individual used a service member’s Social Security number to open credit card accounts. The evidence includes bank records and IP logs showing applications from a shared computer at a multi-tenant building. The defense argues that multiple residents had access to the computer, making it impossible to prove beyond a reasonable doubt who submitted the applications. By showing the weakness in linking the accused directly to the act, the defense secures a dismissal.
This fictional scenario shows how critical it is to challenge the prosecution’s narrative at every stage.
Potential Defenses in Aggravated Identity Theft Cases
Every case is unique, but several defenses are common in Chicago aggravated identity theft cases:
-
Lack of intent: Prosecutors must prove the accused knowingly acted with fraudulent intent. If the use of identifying information was unintentional, the charges may not stand.
-
Mistaken identity: Shared computers or compromised networks can misidentify the true perpetrator.
-
Insufficient evidence: Without direct proof linking the accused to the fraudulent act, the prosecution’s case may collapse.
-
Illegal search and seizure: Evidence obtained without a proper warrant can be excluded from trial.
-
Entrapment: If law enforcement induced the accused to commit acts they would not otherwise have committed, entrapment may be a valid defense.
An experienced Chicago defense lawyer will analyze every detail to determine which defenses apply.
Why Defendants Need an Attorney in These Cases
Aggravated identity theft cases are complex. Prosecutors in Cook County and surrounding counties have resources, forensic experts, and investigators at their disposal. Without a lawyer, defendants risk being overwhelmed by the process, missing key deadlines, or making damaging statements.
A defense lawyer protects the defendant’s rights during questioning, ensures evidence is properly challenged, negotiates with prosecutors for reduced charges or alternative sentencing, and provides strategic representation at trial.
In Chicago, where aggravated identity theft against service members is treated as a serious offense, the choice of lawyer can determine whether the accused faces years in prison or has the charges reduced or dismissed.
What to Look for in a Chicago Criminal Defense Attorney
When searching for a lawyer, defendants should consider qualities such as:
-
Experience in Illinois criminal courts, especially Cook County, DuPage, Will, and Lake Counties.
-
Knowledge of financial crimes and digital evidence, which are central to identity theft cases.
-
Strong trial advocacy skills, since prosecutors often push these cases to trial.
-
Accessibility and clear communication, ensuring clients remain informed at every stage.
During a free consultation, important questions include: How many aggravated identity theft cases have you defended? What is your approach to handling digital forensic evidence? How do you keep clients informed during the process?
Chicago Criminal Defense FAQs
What is aggravated identity theft in Illinois?
Aggravated identity theft occurs when the victim of identity theft is in a protected category, including military service members. The penalties are automatically more severe than for standard identity theft.
How does Illinois define identity theft?
Under 720 ILCS 5/16G-15, identity theft involves using or possessing someone else’s identifying information with intent to commit fraud. This includes names, Social Security numbers, account numbers, and military ID information.
What are the penalties for aggravated identity theft against a service member?
Penalties range from Class 2 felonies (three to seven years) to Class X felonies (six to thirty years), depending on the value involved and aggravating factors. Fines up to $25,000 and restitution are also common.
Can aggravated identity theft be charged federally?
Yes. If the offense involves federal systems, such as military benefits or federal loan applications, federal prosecutors may become involved. This can result in additional penalties.
What types of evidence are used in these cases?
Prosecutors often use bank records, credit applications, IP logs, surveillance video, and seized electronic devices. They may also rely on testimony from alleged victims and financial institutions.
Can I go to prison for a first-time aggravated identity theft offense?
Yes. Even first-time offenders face potential prison sentences because the crime is classified as a felony. Sentencing alternatives may be possible but require skilled legal advocacy.
How does a defense lawyer fight these charges?
Lawyers analyze evidence for weaknesses, file motions to suppress unlawfully obtained material, cross-examine witnesses, and present defenses such as mistaken identity or lack of intent.
Can these charges be expunged or sealed in Illinois?
Most felony identity theft convictions cannot be expunged. Sealing may be possible in limited cases, but options are limited. A lawyer can review eligibility.
Why are military service members given special protection under Illinois law?
The legislature recognized that identity theft against service members can jeopardize deployment, benefits, and security clearances, creating unique risks beyond those faced by civilians.
Why Choose The Law Offices of David L. Freidberg
Being accused of aggravated identity theft against a service member is among the most serious white-collar charges in Illinois. The penalties are steep, the consequences life-altering, and prosecutors relentless.
The Law Offices of David L. Freidberg has decades of experience defending clients in Chicago and surrounding counties. We understand the complexities of aggravated identity theft, the intricacies of digital evidence, and the aggressive strategies used by prosecutors. We provide strong, strategic defense to protect your freedom, reputation, and future.
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.
