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Chicago Defense Lawyer for Aggravated Identity Theft Against a Person With a Disability
How Chicago Views Financial Crimes Against Disabled Residents
Chicago has long been a hub for finance, health care, and social services. In neighborhoods like Uptown, Englewood, and Humboldt Park, residents rely on banks, medical providers, and caregivers to manage their daily lives. When allegations arise that someone has taken advantage of a disabled person by misusing their personal information, prosecutors in Cook County and across Illinois respond aggressively.
Under Illinois law, identity theft is already a serious offense. But when the alleged victim is disabled, the law elevates the charge to aggravated identity theft. The relevant statute, 720 ILCS 5/16-30, defines the offense and sets out the penalties. The aggravated form is triggered when the person targeted is disabled or elderly. That single factor transforms what might otherwise be charged as a financial crime into a felony carrying significant prison exposure.
Illinois law separates crimes into misdemeanors and felonies. Misdemeanors cover lesser offenses with penalties under a year in county jail. Felonies involve prison sentences in the Illinois Department of Corrections. Aggravated identity theft against a person with a disability is always a felony, meaning that a conviction will follow you for life. This is not a charge that can be treated lightly.
How Investigations and Arrests Happen in These Cases
Most aggravated identity theft cases in Chicago do not begin with a dramatic arrest. Instead, they often start quietly, with a bank flagging suspicious account activity or a caregiver noticing financial irregularities. Sometimes, a relative files a report if they believe a disabled family member has been taken advantage of.
Law enforcement then begins an investigation, which can last weeks or months. Detectives often subpoena financial records, credit reports, and emails. They might analyze surveillance footage from ATMs, or review digital evidence like text messages. In some cases, investigators interview the alleged victim and any caregivers to build a timeline.
When law enforcement believes it has enough evidence, prosecutors approve felony charges. Arrests may take place at a person’s home, workplace, or during a traffic stop. Once in custody, the accused is processed and brought before a judge for a bond hearing. Because the charge involves a vulnerable victim, judges frequently impose high bond amounts or require electronic monitoring.
From that point forward, the case proceeds through arraignment, discovery, pretrial hearings, and possibly trial. Each stage brings opportunities for defense but also risks of missteps if the defendant does not have legal representation.
The Penalties and Real-World Impact of Conviction
Aggravated identity theft is among the most serious financial crimes in Illinois. If the value of the theft is less than $100,000 and the victim is disabled, the offense is a Class 2 felony, carrying three to seven years in prison. Extended sentencing can raise the term to 14 years. If the theft exceeds $100,000, the charge may rise to a Class 1 or even a Class X felony, with sentencing ranges between six and 30 years.
Financial penalties are also severe. Courts can impose fines up to $25,000 in addition to restitution. Judges often make restitution a priority, meaning defendants may be ordered to repay large sums even if they do not have the resources to do so.
The collateral consequences of conviction often last longer than the prison term. A felony record prevents many from finding employment in Chicago, particularly in finance, healthcare, or any position requiring background checks. It can also block professional licensing, rental opportunities, and educational options. A conviction involving exploitation of a disabled person carries a unique stigma that can damage personal relationships and reputation permanently.
Fighting the Charge in the Courtroom
Defending aggravated identity theft cases is not just about reviewing financial records. It involves challenging the State’s ability to prove every element beyond a reasonable doubt.
The prosecution must prove two key points: that identity theft occurred, and that the victim met the statutory definition of disabled. This opens the door to multiple defense strategies. In some cases, the alleged victim’s medical status does not meet the legal threshold for disability. In other cases, the defendant may have had permission to use the victim’s financial information.
Consider an example: a resident of Little Village was accused of withdrawing money from the account of a disabled neighbor. Prosecutors argued it was unauthorized. However, after reviewing the records, the defense showed that the neighbor had asked the defendant to handle errands and had voluntarily provided access to the account. Moreover, medical documentation did not establish that the neighbor qualified as disabled under Illinois law. The aggravated charge was dismissed, and the case resolved as a far less serious offense.
The types of evidence collected by law enforcement—financial statements, surveillance videos, witness statements, and digital data—can often be attacked. Was the evidence gathered lawfully? Were the records complete and accurate? Did witnesses provide consistent testimony? These are the questions that shape a defense strategy.
Why Hiring a Defense Attorney Is Critical
Attempting to face aggravated identity theft charges alone is a mistake. Prosecutors in Cook County treat these cases with high priority, and without an attorney, the accused risks being overwhelmed by the legal process.
A defense lawyer protects the accused at every step. During investigation, counsel can intervene to stop unlawful searches. At bond hearings, an attorney can argue for release so the accused can continue working and supporting their family. During discovery, an attorney can force prosecutors to turn over all evidence. At trial, the attorney challenges the credibility of witnesses and raises doubt about the prosecution’s case.
When looking for a defense attorney in Illinois, important qualities include courtroom experience, familiarity with felony financial crimes, and knowledge of local judges and prosecutors. During a free consultation, defendants should ask questions like: How many aggravated identity theft cases have you handled? What defenses might apply in my case? How do you keep clients updated about progress? The answers reveal both skill and commitment.
The Law Offices of David L. Freidberg has defended people against felony charges in Chicago and surrounding counties for decades. I understand the strategies prosecutors use, and I know how to fight back.
FAQs About Aggravated Identity Theft Defense in Illinois
What makes identity theft “aggravated” under Illinois law?
Aggravated identity theft occurs when the alleged victim is a disabled person or senior citizen. This elevates the charge from a lower-level felony to one with harsher sentencing ranges.
Can aggravated identity theft charges be reduced?
Yes. If the defense can show that the victim does not meet the statutory definition of disabled, or if there was consent to use the information, prosecutors may agree to reduce the charge. Effective defense strategies often focus on these points.
What is the difference between a Class 2 felony and a Class X felony in Illinois?
A Class 2 felony carries a prison range of three to seven years, with possible extended terms up to 14 years. A Class X felony carries a sentencing range of six to 30 years, with no possibility of probation. The value of the alleged theft often determines classification.
How do police investigate aggravated identity theft?
Investigations typically involve subpoenas for bank records, review of credit applications, surveillance from ATMs or stores, digital forensic examinations of computers or phones, and interviews with victims or caregivers.
What defenses are available?
Defenses include lack of intent, authorization, insufficient evidence, failure to prove disability, and constitutional violations. Each case must be reviewed to determine which defenses apply.
What should I ask during a consultation with a defense attorney?
Ask about courtroom experience, success with similar cases, communication practices, and possible defense strategies for your case. Comfort and trust between lawyer and client are also important.
What happens if I’m convicted of aggravated identity theft in Illinois?
You may face years in prison, steep fines, restitution, and long-term consequences such as a permanent felony record. Collateral effects include difficulty finding work, housing, and rebuilding personal reputation.
Why is The Law Offices of David L. Freidberg the right choice?
Because I provide experienced defense in Cook, DuPage, Will, and Lake Counties, backed by decades of trial work. I am available 24/7, and I know how to fight felony charges that threaten your freedom and your future.
Protect Your Future Today
Facing aggravated identity theft charges involving a disabled person in Chicago is one of the most serious legal challenges you can encounter. A felony conviction threatens your liberty, finances, and reputation. But you are not powerless. With the right defense strategy, it is possible to protect your rights and your 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.