Chicago Aggravated Identity Theft Against a Person With a Disability Defense Lawyer

Chicago is a city full of neighborhoods where people from every walk of life live and work, from Hyde Park to Logan Square to Rogers Park. Alongside that diversity, the courts in Cook County and surrounding counties see a wide range of criminal charges, ranging from misdemeanors like petty theft or simple assault to serious felonies such as armed robbery or aggravated identity theft. Under Illinois law, crimes are classified as misdemeanors or felonies, with misdemeanors carrying sentences of less than one year in jail and felonies exposing defendants to state prison sentences and life-changing penalties. Aggravated identity theft against a person with a disability is not only a felony offense but one of the most aggressively prosecuted financial crimes in Chicago. Prosecutors consider it both a financial crime and a crime against vulnerable populations, which means judges take it seriously at every stage of the case.

Illinois law defines identity theft under 720 ILCS 5/16-30, while aggravated identity theft is specifically addressed under 720 ILCS 5/16-30(b). When the victim is a person with a disability or over the age of 60, the charge escalates. The State of Illinois imposes harsher punishments because it recognizes that vulnerable individuals are often targeted for financial exploitation. While a typical identity theft case may already carry felony penalties depending on the value involved, adding the element of disability makes the charge aggravated, raising the sentencing exposure and increasing the stakes. In Chicago, these cases are often handled by specialized financial crimes units that coordinate with local law enforcement, the Illinois Attorney General’s office, and sometimes even federal investigators.

Understanding the difference between misdemeanor and felony crimes in Illinois is crucial. A misdemeanor may disrupt your life, but a felony conviction can follow you permanently and limit everything from job opportunities to housing options. Aggravated identity theft against a person with a disability is always charged as a felony, which means a defendant is immediately exposed to prison time, fines, and restitution orders. The severity of the felony classification depends on the specific value of the theft and whether other aggravating circumstances are present, but even the lowest level aggravated identity theft charge is life-altering.

The Law Offices of David L. Freidberg has decades of experience defending individuals accused of serious felonies across Cook County, DuPage County, Will County, Lake County, and throughout Illinois. From the moment an investigation begins, I step in to protect your rights, challenge unlawful evidence collection, and ensure that prosecutors are held to the highest burden of proof required by law.

How Aggravated Identity Theft Cases Begin in Chicago

Most criminal cases in Illinois begin either with an arrest or with a lengthy investigation that eventually leads to charges being filed by the State’s Attorney. In the context of aggravated identity theft against a person with a disability, cases often begin with a complaint from the victim’s family, a social worker, or a financial institution that flags suspicious activity. For example, a bank in Lincoln Park might alert authorities if a disabled account holder suddenly has unusual withdrawals or unauthorized loans taken out in their name. Law enforcement then begins an investigation, sometimes quietly collecting evidence for months before making an arrest.

During the investigation, detectives and investigators will seek financial records, digital communications, surveillance footage, and witness statements. They may subpoena banks, credit card companies, or medical facilities to provide documentation. In some cases, undercover operations are used if the accused is suspected of running a broader identity theft scheme targeting multiple individuals with disabilities. This early stage is critical because law enforcement often collects evidence without the defendant even realizing they are a target. Once enough evidence has been gathered, the police will make an arrest, or prosecutors will file felony charges and issue a warrant.

The arrest process in Chicago can be overwhelming. A person may be taken to the local police district, booked, and held in custody until a bond hearing. At that hearing, prosecutors will argue for conditions of release that may include high bond amounts, house arrest, or electronic monitoring. For someone charged with aggravated identity theft, judges often set higher bond conditions because of the nature of the crime and the vulnerable status of the alleged victim. Having a defense attorney at this stage makes a major difference in whether a defendant can return home while fighting their case or must remain in custody during the months it takes to resolve the charges.

Once charges are filed, the case moves through the Cook County criminal courts. A felony arraignment follows, where the defendant hears the formal charges and enters a plea. Discovery begins, where both sides exchange evidence. Pretrial motions may be filed to suppress unlawfully obtained evidence or to challenge the sufficiency of the charges. Each step carries risks, and each requires a strategic defense tailored to the facts of the case.

Penalties and Consequences Under Illinois Law

The penalties for aggravated identity theft against a person with a disability in Illinois are severe. Under 720 ILCS 5/16-30(b)(3), if the victim is a person with a disability, the offense is elevated to a Class 2 felony when the value of the theft is under $100,000. A Class 2 felony in Illinois carries a sentencing range of three to seven years in the Illinois Department of Corrections, with the possibility of extended-term sentencing up to 14 years depending on aggravating factors. If the value exceeds $100,000, the offense can be elevated further to a Class 1 or even Class X felony, exposing the defendant to between six and 30 years in prison. Judges also have the authority to impose steep fines, restitution to the victim, and mandatory supervised release following prison time.

Beyond prison and fines, the collateral consequences of a felony conviction in Illinois are life-changing. A felony record makes it nearly impossible to secure many forms of employment, especially in fields that require financial responsibility, licensing, or trust. A conviction can prevent you from renting certain apartments, qualifying for loans, or pursuing higher education opportunities. In Chicago, where background checks are common for jobs in finance, healthcare, and government, a felony record can shut down entire career paths. Additionally, a conviction for a crime against a vulnerable person carries a stigma that can damage reputations permanently, even among friends, family, and within one’s neighborhood.

This is why having a skilled criminal defense attorney is so critical. Sentences are not always automatic, and prosecutors sometimes overcharge cases to gain leverage in plea negotiations. A strong defense can mean the difference between years in prison and a resolution that allows a client to rebuild their life.

Defending Against the Charges in Court

The criminal trial defense process in Illinois is complex, but it is where a defendant’s rights are fully tested. From pretrial motions through cross-examination of witnesses at trial, every detail matters. Defense attorneys challenge whether the State has properly linked the accused to the crime, whether financial documents were obtained legally, and whether the prosecution can prove beyond a reasonable doubt that the alleged victim was indeed a person with a disability as defined by Illinois law. Sometimes, prosecutors rush to file aggravated charges without adequate proof of the disability element, which is required to elevate the case.

A realistic example can be seen in a case I defended on the West Side of Chicago. The accused was alleged to have used the debit card of a neighbor who had limited mobility and some cognitive impairments. Prosecutors charged aggravated identity theft against a person with a disability. However, through investigation, we were able to show that the neighbor had given the defendant access to the card for errands, and there was no medical documentation establishing that the neighbor met the statutory definition of disability. We filed motions challenging the sufficiency of the charges, and after presenting our evidence, prosecutors agreed to dismiss the aggravated charge and reduce the case to a lesser offense, allowing my client to avoid prison time and maintain employment.

This example shows the importance of scrutinizing every piece of evidence. Law enforcement typically collects financial records, witness statements, surveillance, and sometimes digital forensics from cell phones or computers. Yet financial transactions alone do not prove criminal intent. Many cases hinge on whether the accused acted knowingly and without authorization. Defenses can include mistaken identity, lack of intent, or authorization from the alleged victim. In other cases, constitutional violations such as unlawful searches and seizures can lead to evidence being excluded, weakening the prosecution’s case.

Why You Need a Defense Attorney in Chicago

Every stage of a criminal case requires legal skill. During the investigation, an attorney can prevent overreach by law enforcement. At bond hearings, an attorney can argue for reasonable conditions so you can prepare your defense outside of jail. During discovery, an attorney can force prosecutors to disclose evidence and hold them accountable if they fail to meet their obligations. At trial, an attorney can challenge witnesses, present alternative explanations, and raise legal defenses. Without legal representation, defendants are left exposed to prosecutors who build their careers on securing convictions.

The qualities you should look for in a criminal defense attorney in Illinois include courtroom experience, knowledge of local judges and prosecutors, and a proven history of handling felony financial crime cases. You should also feel comfortable asking questions at your consultation, such as: How often do you take cases to trial? How will you communicate with me throughout the case? What defenses might apply to my situation? The answers reveal not only the attorney’s qualifications but also their commitment to protecting your future.

At The Law Offices of David L. Freidberg, I understand how stressful these charges can be. I am available 24/7 to my clients because criminal charges do not wait for business hours. My role is to ensure that your rights are protected from the first interview with police to the final resolution of your case.

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.