Theft

November 16, 2018

Defining Theft Charges in Chicago

by Law Offices of David L. Freidberg, P.C.

A teenager from Rosemont is facing multiple felony charges for credit card theft.

18-year-old Salvador Nunez was charged with 30 felonies for using stolen credits card at various northwest suburban Rosemont locations. Rosemont police stated Nunez was charged with 15 Class 3 felonies for stealing someone’s identity and an additional 15 for the unlawful use of a credit card.

The most serious offense in the category of criminal charges is a felony. Felonious acts also carry with them the most severe penalties. The degree of the punishment depends on the class of the felony committed. According to Illinois law, they range from the least serious, a Class 4, to the most serious, a Class X.

August 29, 2018

Common Defenses to Theft Charges in Chicago

by Law Offices of David L. Freidberg, P.C.

Facing an arrest and charges of theft in Chicago is never an easy situation. Whether this is the first time you have been arrested or you have gone through this before, it never gets easier. You might have to face a different judge or have your case handled by a different prosecutor. Either way, there are defenses available to you to fight the theft charges so you do not simply have to give up your freedom and spend time in jail.

Right of Ownership

One of the most commonly used defenses to theft charges is right of ownership. You can not simply tell the judge that you thought the item belonged to you and hope that this will work in your favor. You will need to provide some sort of evidence that proves it makes sense that you would believe the item you took belonged to you. This can be an invoice, receipt, warranty, owner’s manual, or any other piece of evidence that proves you either own the property or that you believed you owned the property.

July 4, 2018

Juvenile Carjacking Laws in Chicago: Is Change Coming?

by Law Offices of David L. Freidberg, P.C.

It is no secret that the number of carjackings is on the rise in Chicago. Along with this increase comes an increase in juvenile arrests. Younger people are participating in this crime at alarming rates. In 2016, only 35% of carjackings were attributed to juveniles; now, it is 60%. It is important to note that this statistic could be skewed, as less than 10% of carjackings end in arrest. Still, this rise in juvenile crime is a cause for concern for many citizens. There is no shortage of debate on how this issue should be handled.

Current law tends to favor giving the juvenile a second chance. As of 2016, no minor can be tried as an adult for carjacking in Chicago. Additionally, many minors receive lesser charges, including in instances of car theft. Car theft differs from carjacking based on the threat to the driver. If you are charged with carjacking, that means you either physically harmed a driver or made the driver fear for his or her life. Because of this, a carjacking charge typically accompanies a harsher sentence. Being aware that many want this current law changed is important. The increase in crime is not helping defuse the situation, either.

How the Community Feels

June 14, 2018

Aggravating Factors for Carjacking Crimes in Chicago

by Law Offices of David L. Freidberg, P.C.

Although crime has been on the decline in Chicago as of late, carjacking is still a common occurrence throughout the city. Due to the nature of a city/urban environment, many people live in close quarters who are using vehicles for their commute, leading to the prevalence of this particular crime. Car jacking crimes can take on many different forms. For example, carjacking is nearly always more of a serious offense than car theft due to the vehicle being taken by force or intimidation, or sometimes both. Certain actions leading up to the illegal obtainment of the vehicle may qualify as an aggravating factor to your offense.

Under Illinois law, an aggravated carjacking is sentenced as a class X felony, which is a mandatory six to 30 years in prison, while a plain carjacking offense is a class 1 with a four-to-15-year minimum sentence.

Armed and Dangerous

March 14, 2018

When Does a Burglary Become a Serious Felony in Chicago?

by Law Offices of David L. Freidberg, P.C.

Burglary denotes illegal entry into a building with the intention of stealing property or money. In reality, burglary covers several possible circumstances. The recent burglary attempt in Naperville is one such instance. An 18-year-old and three other teens were involved. Charges of burglary can result in serious charges, depending on the situation.

Burglary as a Criminal Offense

Illinois law has listed several situations that constitute burglary. For instance, illegal entry can signify gaining entry under false pretenses. Normally, Class 2 felony is the sentence given for burglary. This can lead to a prison term of three to seven years, depending on the case.

January 19, 2018

The Differences Between Robbery and Theft in Chicago

by Law Offices of David L. Freidberg, P.C.

U.S. courts are facing many criminal cases that are somehow associated with robbery or theft. When these two almost identical crimes are coupled with an uninformed population, the result is a high number of convicted felons who do not know their rights based on their crimes.

While these two forms of crime may sound the same, they are different in nature. Many law enforcement units across the country report drastic reductions in cases linked to robberies and thefts, but the numbers are still high. A recent report by the Chicago Police Department shows a slight decrease in theft-related crimes over the past decade when compared to robbery incidences. This raises the question as to what is the difference between these two types of crime?

What You Should Know About Robbery Laws in Chicago

December 13, 2017

Retail Theft in Chicago: Can You Clear Your Record?

by Law Offices of David L. Freidberg, P.C.

Retail theft in Chicago, Illinois is a serious topic. It should not be taken lightly because it can lead to severe penalties. However, with the help of a qualified retail theft lawyer, you can take a step forward to lessen or most likely even drop the charges against you.

What is Retail Theft?

Retail theft refers to the stealing of merchandise from a shop. Additionally, retail theft also includes the removing, altering, or changing of a price tag, label, or other such actions aimed toward robbing the retail value of the store’s property or merchandise. Under Illinois law, a retail theft is a felony or misdemeanor as per the criminal background of the defendant and the value of the items stolen. The retail theft can be expunged if some conditions are fulfilled.

October 18, 2017

Vehicular Hijacking: Boat Theft in Chicago

by Law Offices of David L. Freidberg, P.C.

For purposes of the law in Chicago, vehicular hijacking covers a range of vehicles, including boats. The key issues that arise when facing such a charge can be understood by looking at the example of a rather hapless Chicago teen who stole an SUV belonging to the FBI. There were several criminal matters arising out of that act that would all be considered during the trial.

First of all, the teenager was on probation and already had an extensive criminal record. The probation violations were dealt with as a separate issue but also one that could aggravate the crime despite the fact that the perpetrator was a minor. His lawyers inevitably wanted to minimize evidence of his past crimes as much as allowable under the current law.

Compounding and Relevant Factors

October 13, 2017

Possession of a Stolen Motor Vehicle in Chicago

by Law Offices of David L. Freidberg, P.C.

There are instances in which the crime of being in possession of a stolen motor vehicle is a carrier or access crime. You need a team of competent lawyers in order to avoid upgrading the charges unnecessarily. The car being the instrument for committing the crime or getting away from the crime, it is often a minor charge when compared with the principal charge of robbery or even homicide. The case of Jamie Thurnau and Jorge Chavez demonstrates the wide range of possible charges after the arrest. The actual charge sheet included the possession of a stolen car and also resisting arrest. Further charges of burglary, aggravated battery, and fleeing police were later added.

The fact that the offenders injured a law enforcement agent during the commission of the crime is an aggravating feature that will be considered by the court during the sentencing phase. A prior warrant of arrest was being executed when the pair drove off from a Walmart parking lot. The accumulation of charges brings into question the Mens Rea element of the criminal conduct. The acts of fleeing and even injuring the police may have occurred as described by the prosecutor, but it is an entirely different matter to prove that these acts were foreplanned with malice in mind. This is often the crux of the defense strategy. They may acknowledge the factual basis of the case but then dispute the motivations in order to throw doubt on the case.

Ranking Different Crimes that Occur at the Same Moment

May 19, 2017

Shoplifting in Chicago

by Law Offices of David L. Freidberg, P.C.

Shoplifting is classified under the theft statutes. The key provisions are contained in statutory instrument number 720 ILCS 5/16-1. It is at the lower end of the crimes of dishonesty but can still be prosecuted and lead to terms of imprisonment. Over the years, there have been many changes that were designed to reform the regime. For example, there are some new sophisticated techniques for shoplifting that may not have been covered by the original statutes in Chicago. That is why defense attorneys have to ensure that they are up to date with the latest versions of the law. This is one of the most prosecuted crimes not because of its seriousness but rather its frequency of occurrence. Shoplifting is an occupational hazard for marketplaces because there are always people who want to take things without paying for them.

Contrary to popular belief, this is not a crime that is consigned to the lower orders of society. Rather, it cuts across, and there have been instances of perfectly wealthy people who have been caught shoplifting. Sometimes, it is a case of temporary economic deprivation; other times, the defendant may be suffering from psychosocial problems such as kleptomania. It is imperative that the defense attorney explores all the possible explanations before the client is either found guilty or sentenced. The existence of a recognized condition might be a mitigating factor in such cases. It is also important to advise the client not to accept higher charges in order to avoid appearing in court because the resultant criminal record can become a hazard.

Protections for the Defendants