- Available 24/7: (312) 560-7100 Tap Here to Call Us
Chicago Aggravated Identity Theft Defense Lawyer for Cases Involving Military Service Members
Understanding the Charge in Chicago
Chicago’s role as Illinois’ largest city makes it a hub for both military families and criminal prosecutions. Many active duty personnel stationed at Naval Station Great Lakes and veterans living in Cook County rely on Chicago’s financial, housing, and employment systems. Unfortunately, this visibility has also led to cases where military service members become victims of identity theft.
Under 720 ILCS 5/16G-15, identity theft occurs when a person knowingly uses or possesses someone else’s identifying information with intent to commit fraud. When the victim is a service member, however, Illinois law automatically elevates the crime to aggravated identity theft under 720 ILCS 5/16G-20.
The enhanced classification reflects lawmakers’ understanding that military members face unique risks. Compromised credit or fraudulent debts can interfere with security clearances, disrupt deployment readiness, and undermine military benefits. Because of this, prosecutors in Chicago often push these cases aggressively, seeking harsher penalties than in standard identity theft matters.
How Investigations Begin and What Evidence Prosecutors Use
Aggravated identity theft cases typically begin with a complaint from a service member or their spouse. Banks, credit card companies, or credit reporting agencies may also alert authorities. In Chicago, these cases may be investigated by the Chicago Police Department, Cook County investigators, and sometimes federal agencies such as the Secret Service.
Evidence often includes:
- Financial records showing unauthorized transactions
- Credit card or loan applications submitted in the victim’s name
- Military identification numbers misused in applications
- Surveillance video from ATMs or stores
- Electronic records, including IP addresses, email communications, or device data
- Testimony from victims and third parties
Investigators frequently rely on digital forensic evidence. However, this type of evidence is not always foolproof. IP addresses, for example, can be traced to a household rather than an individual. Multiple people may share access to the same computer or Wi-Fi network. This creates opportunities for a skilled defense attorney to raise doubt about the prosecution’s case.
Arrest and Court Process in Illinois
Once investigators believe they have sufficient evidence, they will seek an arrest warrant. In Chicago, arrests often involve simultaneous searches of a suspect’s residence or business to seize computers and financial records. After the arrest, the accused is booked and taken to bond court.
At the bond hearing, the judge decides whether the accused should remain in custody or be released pending trial. In aggravated identity theft cases, bond amounts can be high due to the seriousness of the charge. An attorney’s advocacy at this stage can mean the difference between fighting the case from home or sitting in Cook County Jail for months.
After arraignment, the case moves into discovery. The prosecution must turn over the evidence it plans to present, and the defense has the opportunity to file pre-trial motions. Common motions include challenges to the legality of search warrants or suppression of evidence obtained through improper procedures.
Penalties and Collateral Consequences
Because the victim is a service member, the penalties are much more severe than in standard identity theft cases.
- Class 2 felony: Three to seven years in prison and up to $25,000 in fines.
- Class 1 felony: Four to fifteen years in prison.
- Class X felony: Six to thirty years in prison in high-dollar or multi-victim cases.
In addition to prison and fines, courts almost always impose restitution to repay the financial losses of the victim.
Collateral consequences are equally devastating:
- Permanent criminal record limiting employment opportunities
- Barriers to professional licensing in Illinois
- Difficulty obtaining housing due to background checks
- Immigration problems for non-citizens
- Long-term damage to reputation
Aggravated identity theft is considered a crime of dishonesty. This stigma follows defendants long after any prison term or probation has ended.
Fictional Case Example in Chicago
Imagine a case in Jefferson Park where prosecutors accuse a defendant of using a military service member’s Social Security number to open a line of credit. Investigators produce loan documents and an IP address linked to the defendant’s apartment.
The defense challenges the evidence by showing that multiple tenants in the building shared the same Wi-Fi connection. The defense also introduces evidence that the defendant’s laptop had been compromised by malware, suggesting someone else could have accessed it remotely. By raising reasonable doubt, the defense persuades the court to dismiss the case.
This example highlights how digital evidence — while persuasive at first glance — is not always conclusive.
Possible Defenses in Aggravated Identity Theft Cases
Several defenses can be raised in aggravated identity theft cases in Chicago:
- Lack of intent: Prosecutors must prove the accused knowingly acted with fraudulent intent. Mistakes or misunderstandings are not crimes.
- Mistaken identity: Evidence may point to the wrong person due to shared devices or compromised accounts.
- Illegal search and seizure: If police obtained records without a valid warrant, the evidence may be thrown out.
- Entrapment: If law enforcement pressured the accused into conduct they would not normally have engaged in, entrapment can be a defense.
- Insufficient evidence: Without direct proof linking the accused to the crime, the case cannot proceed.
Each case is unique, and an experienced defense attorney will tailor strategies to the facts of the case.
Why You Need a Criminal Defense Attorney
Facing aggravated identity theft charges in Chicago without an attorney is a mistake. Prosecutors have financial crime units with investigators, forensic accountants, and digital experts. Without a lawyer, defendants risk being overwhelmed and convicted based on incomplete or circumstantial evidence.
A defense attorney ensures that every piece of evidence is scrutinized, that constitutional rights are protected, and that the accused has a voice in court. An attorney can also negotiate with prosecutors for reduced charges or alternative sentencing, which may prevent years of prison time.
Qualities to Look for in a Defense Attorney
In aggravated identity theft cases, defendants should look for attorneys with:
- Experience in financial crimes and digital forensics
- Knowledge of Illinois statutes and Cook County court procedures
- Proven ability to handle complex trials
- Commitment to client communication and transparency
During a consultation, defendants should ask how many aggravated identity theft cases the attorney has handled, whether they have trial experience in Cook County, and what strategies they use when digital evidence is the central issue.
FAQs on Aggravated Identity Theft in Chicago
What makes identity theft aggravated in Illinois?
Identity theft becomes aggravated when the victim is a protected person, such as a military service member, elderly individual, or disabled person. The penalties are automatically more severe.
How do prosecutors prove aggravated identity theft?
They must show that the accused knowingly used another’s identifying information with fraudulent intent and that the victim was a military service member. Evidence often includes financial records, IP logs, and testimony.
What penalties can I face in Chicago for aggravated identity theft against a service member?
Penalties range from three years in prison for lower-level cases to thirty years for Class X felonies. Fines and restitution are also likely.
Can I be charged federally for aggravated identity theft against a military member?
Yes. If the theft involves federal benefits or systems, such as VA loans or military pay accounts, federal prosecutors may file separate charges.
What defenses are available?
Defenses include lack of intent, mistaken identity, insufficient evidence, illegal searches, and entrapment. The right defense depends on the case facts.
Can these charges be expunged?
Most felony convictions in Illinois cannot be expunged, though sealing may be possible in some cases. A defense attorney can review eligibility.
Why do military members receive special protection under Illinois law?
Because identity theft can jeopardize their deployments, benefits, and security clearances, Illinois lawmakers enhanced penalties when service members are victims.
Why Choose The Law Offices of David L. Freidberg
Aggravated identity theft against a military service member is among the most serious financial crime charges in Illinois. The consequences extend beyond prison, threatening your reputation, livelihood, and future opportunities.
The Law Offices of David L. Freidberg has decades of experience defending clients in Cook County and surrounding areas. We understand how prosecutors build these cases and how to dismantle them. We are available 24/7 to protect your rights and provide aggressive defense at every stage.
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.