Theft by Deception: Its Consequences and Possible Defenses

What Is Theft By Deception?

Theft by deception is a criminal offense where a person intentionally takes property or services from another person through fraudulent means. This crime involves deliberately misleading or tricking another to gain unlawful possession of their belongings or benefits.

The key elements of theft by deception include:

  • Intent to deceive

  • False representation or omission of facts

  • The alleged victim’s reliance on the deception

  • Taking of property or services of pecuniary significance

A person might use false pretenses, create or reinforce a false impression, or fail to correct a misconception to carry out the theft. Writing a check on a closed bank account to pay for goods is a classic example of theft by deception.

Section 16-1, paragraph 2 of subsection A of the Illinois Compiled Statutes specifically outlines theft by deception as among the instances by which theft is committed. This can include deceptive statements about the value of items, false promises of future actions, or misrepresentation of one’s identity or authority.

If you or your loved one has been charged with theft by deception, it’s essential to speak with a defense attorney from Hirsch Law Group right away. Theft by deception relies on trickery, which means the prosecution must prove intent to defraud beyond a reasonable doubt. Our lawyers have handled theft cases for years. We will evaluate your case, build a strong defense, and work hard towards dismissing your case or minimizing penalties that may be imposed.

Common Scenarios And Examples

Theft by deception takes many forms in today’s society. Typical scenarios include the following:

  • Fraudulent credit card use: Some people may use stolen or forged cards, giving false impressions of ownership or permission.

  • Online scams: Phishing schemes trick victims into revealing sensitive data. Criminals then use this information for identity theft or financial gain.

  • False advertising: Businesses may give a false impression or misrepresent products or services to entice customers. This deception can lead to financial losses for unsuspecting consumers.

  • Job-related scams: Offering non-existent positions to collect personal information or fees from applicants is a form of theft.

  • Rental fraud: Scammers pose as property owners or agents of landlords to collect rent deposits or payments for unavailable units.

One common form of deception is selling or transferring property without disclosing an adverse claim, lien, or other legal impediment attached to the property.

Other examples of theft by deception include:

  • Selling counterfeit goods as genuine

  • Faking injuries for insurance payouts

  • Overcharging for services not rendered

  • Creating fake charities to solicit donations

Under the law, theft by deception is aggravated when committed against a person aged 60 years or older or a person with a disability. Similarly, the offense of financial exploitation of an elderly or a disabled person is committed by a person who has a fiduciary or confidential relationship with such elderly or disabled person and purposely obtains property or illegally uses the property stolen.

How Can Technology Make You Vulnerable to Theft by Deception

Technology has amplified the risks of theft by deception, enabling offenders to exploit vulnerabilities through false impressions and acquiring information under a confidential relationship. A person intentionally misrepresents facts or uses digital tools to create a false impression, such as phishing emails, to access property of pecuniary significance. Scams may involve adverse claims, legal impediments, or forged official records to deceive victims into transferring ownership of property stolen.

When a defendant exercises control over the property involved without lawful right, prosecution focuses on proving intent. Such offenses may result in misdemeanor or felony penalties, depending on the value and circumstances.

Consequences And Penalties

Theft by deception carries serious legal repercussions. The severity of punishment often depends on the value of the stolen property involved.

For smaller amounts, offenders may face misdemeanor charges. These typically result in fines up to $1,000 and potential jail time of less than one year. For example, if the total value of the property is $500 or less, it is a Class B misdemeanor, which is punishable by up to 6 months of jail time.

Larger amounts can lead to felony charges. Penalties may include:

  • Prison sentences of 1-25 years

  • Fines up to $100,000 or more

  • Mandatory restitution to victims

In addition, a criminal record for theft by deception can have lasting impacts. It may hinder future employment opportunities and damage one’s reputation.

Theft by deception that involves large-scale fraud schemes or is committed across several states may be prosecuted by the federal government. These have harsher punishments under federal sentencing guidelines.

Some jurisdictions impose additional penalties like probation, community service, or mandatory counseling programs. The goal is often rehabilitation alongside punishment.

Repeat offenders typically face enhanced sentences. Prior convictions may lead to automatic felony classification, regardless of the dollar amount involved in the current case.

Experienced Chicago theft crime attorneys have helped reduce charges or negotiate plea deals. Skilled legal representation often makes a significant difference in the outcome.

Defenses Against Theft By Deception Charges

Defending against theft by deception charges requires careful legal strategy. Some common defenses that may be employed in these cases include:

  • Lack of intent: If we can demonstrate that the accused did not purposely create or reinforce a false impression, it can significantly weaken the prosecution’s case. Honest mistakes or misunderstandings do not constitute criminal deception.

  • Puffing: These are exaggerated claims that a reasonable person wouldn’t take literally. For example, a salesperson describing a product as “the best ever” might not meet the threshold for deception.

  • Alibi: If we can prove the accused was elsewhere when the alleged deception occurred, it can effectively counter the charges.

  • Procedural issues: Improper evidence collection or rights violations can sometimes lead to case dismissal. We carefully examine all aspects of the investigation and arrest process.

Mitigating factors may also play a role and help reduce penalties:

  • First-time offense

  • The minor nature of the deception

  • Prompt return of property

  • Cooperation with authorities

In some cases, we may argue that the deception was justified due to necessity or duress. While rare, these defenses can apply in extreme circumstances.

Ultimately, the specific defense strategy depends on the unique circumstances of each case. We thoroughly analyze all available evidence to build the strongest possible defense for our clients.

How Hirsch Law Group Can Help

We at Hirsch Law Group defend clients facing theft by deception charges. Our experienced criminal defense lawyers understand the complexities of Illinois theft laws and their potential consequences.

Our attorneys provide comprehensive legal advice tailored to each client’s unique situation. We offer:

  • Free initial consultations

  • Thorough case evaluations

  • Aggressive courtroom representation

  • Negotiation with prosecutors for reduced charges or dismissals

  • Protection of your constitutional rights

We recognize the stress and uncertainty you and your loved ones face. Our Illinois criminal defense lawyer team provides compassionate support throughout the legal process. We keep you informed at every stage and fight tirelessly to achieve the best possible result.

Contact Hirsch Law Group

We understand the complexities of theft by deception cases and are here to help. Our experienced team at Hirsch Law Group is ready to provide dedicated legal guidance and representation.

We encourage you to contact us promptly if you’re facing theft by deception charges. Early intervention can make a significant difference in your case outcome.

When you reach out, we’ll schedule a confidential consultation to review your situation. We’ll listen to your concerns, answer your questions, and outline potential defense strategies.

Time is crucial in legal matters. Don’t hesitate to call us today.