Chicago Criminal Lawyers
Criminal lawyers in common law had to be very careful about which
charges to file against a person for stealing property. In common law,
there were many crimes that made up what we now know as theft. For
example, a person in a position of trust or confidence, such as a bank
teller, would be convicted of embezzlement for stealing money that was
put in his or her care. Furthermore, a debtor could be convicted of
false pretenses for giving creditor false information in order to obtain
a loan. However, a debtor would be liable for fraud if he or she
pretended to be another person in order to obtain a loan from a
creditor. Most unlawful takings in common law fell under the crime of
larceny, but because larceny was a hanging offense, there were a lot of
other alternative crimes that courts would convict people of instead.
Clearly, there were very fine lines and it was difficult for criminal lawyers to distinguish some crimes from others. If a prosecuting attorney accidentally charged a person with false pretenses instead of fraud, the case could be dismissed. Similarly, a criminal defense attorney could lose a case for raising defenses that are applicable for another crime, but not the one charged.
Now, Illinois law combines many of the common law crimes into one broad theft statue. A person in Illinois can be convicted of theft for stealing anything of value that is in the position of another, no matter how little value the thing has. For instance, a criminal lawyer can make the argument for a condominium owner that a neighbor is stealing his or her heat. Stealing property in Illinois that is worth $300 or less is a misdemeanor, but a second offense becomes a felony. Thus, some people in Illinois can serve 3-4 year prison sentences for committing a series of minor thefts.
Knowledge is the key element of theft in Illinois law. A person must know or have a reasonable basis for knowing that he or she is exerting unauthorized control over property. For instance, one will probably not be convicted of theft in Illinois for unknowingly picking up the wrong bag at an airport on accident. However, if the person looks inside the bag and sees that the property inside belongs to someone else, and decides to take it anyway, he or she will be convicted of theft. It is fair game for the criminal lawyers to argue before a jury about whether a defendant knowingly exercised control of another's property.
Sometimes knowledge of an unauthorized taking can be inferred. For instance, a person can be convicted of theft in Illinois for buying stolen property. If a person buys a mink coat on the street for $12, a court will infer that the person knew or should have known that they were buying stolen property. However, sometimes property purchased on the street for an unusually low price is not necessarily stolen. For instance, there are cases where a woman may have sold her mink for much less than its real value as a way of getting back at her husband during a fight. When this happens, a person cannot be convicted of theft, but an Illinois attorney can still argue that it was an attempted theft if it would have been reasonable to think that the property was stolen.
Lack of knowledge may clear a person for criminal liability, but that does not necessarily mean that he or she will escape civil liability. Imagine standing at an ATM machine and making a $100 withdrawal, but getting $1000 due to a malfunction in the machine. Is it a theft to keep the extra $900? In Illinois, if you do not realize that the amount of money distributed was incorrect until you get all the way home, you will not be criminally liable for theft. However, the ATM owner can still drag you into court and you will probably be found civilly liable for the $900.
The bottom line for theft in Illinois is that courts look to whether a person knew he or she was taking unauthorized control of someone else's property. A person will not be liable for unknowingly taking an extra $900 from an ATM, but in theory could be criminally liable for knowingly taking a $0.25 that belongs to another person. Whether or not a person knew that he or she was taking unauthorized control over property is fair game for criminal lawyers to battle over in court.
Clearly, there were very fine lines and it was difficult for criminal lawyers to distinguish some crimes from others. If a prosecuting attorney accidentally charged a person with false pretenses instead of fraud, the case could be dismissed. Similarly, a criminal defense attorney could lose a case for raising defenses that are applicable for another crime, but not the one charged.
Now, Illinois law combines many of the common law crimes into one broad theft statue. A person in Illinois can be convicted of theft for stealing anything of value that is in the position of another, no matter how little value the thing has. For instance, a criminal lawyer can make the argument for a condominium owner that a neighbor is stealing his or her heat. Stealing property in Illinois that is worth $300 or less is a misdemeanor, but a second offense becomes a felony. Thus, some people in Illinois can serve 3-4 year prison sentences for committing a series of minor thefts.
Knowledge is the key element of theft in Illinois law. A person must know or have a reasonable basis for knowing that he or she is exerting unauthorized control over property. For instance, one will probably not be convicted of theft in Illinois for unknowingly picking up the wrong bag at an airport on accident. However, if the person looks inside the bag and sees that the property inside belongs to someone else, and decides to take it anyway, he or she will be convicted of theft. It is fair game for the criminal lawyers to argue before a jury about whether a defendant knowingly exercised control of another's property.
Sometimes knowledge of an unauthorized taking can be inferred. For instance, a person can be convicted of theft in Illinois for buying stolen property. If a person buys a mink coat on the street for $12, a court will infer that the person knew or should have known that they were buying stolen property. However, sometimes property purchased on the street for an unusually low price is not necessarily stolen. For instance, there are cases where a woman may have sold her mink for much less than its real value as a way of getting back at her husband during a fight. When this happens, a person cannot be convicted of theft, but an Illinois attorney can still argue that it was an attempted theft if it would have been reasonable to think that the property was stolen.
Lack of knowledge may clear a person for criminal liability, but that does not necessarily mean that he or she will escape civil liability. Imagine standing at an ATM machine and making a $100 withdrawal, but getting $1000 due to a malfunction in the machine. Is it a theft to keep the extra $900? In Illinois, if you do not realize that the amount of money distributed was incorrect until you get all the way home, you will not be criminally liable for theft. However, the ATM owner can still drag you into court and you will probably be found civilly liable for the $900.
The bottom line for theft in Illinois is that courts look to whether a person knew he or she was taking unauthorized control of someone else's property. A person will not be liable for unknowingly taking an extra $900 from an ATM, but in theory could be criminally liable for knowingly taking a $0.25 that belongs to another person. Whether or not a person knew that he or she was taking unauthorized control over property is fair game for criminal lawyers to battle over in court.
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