Identity Theft Defense in Illinois

Identity theft charges in Illinois carry serious felony penalties — and the consequences extend far beyond criminal court. These cases often involve complex digital evidence and can result in years in prison. At Stavros Law Offices, we defend clients facing identity theft charges and work to protect their future.

Illinois Identity Theft Laws

Identity Theft (720 ILCS 5/16-30)

A person commits identity theft when they knowingly use any personal identifying information or personal identification document of another person to fraudulently obtain credit, money, goods, services, or other property.

Aggravated Identity Theft (720 ILCS 5/16-30)

Identity theft becomes "aggravated" when:

• Used to obtain $10,000+ in credit, money, or property
• Victim is 60+ years old or disabled
• Defendant has prior identity theft conviction
• Used against 3+ victims
• Defendant is a public official or employee acting in official capacity

Identity Theft Penalties

What Constitutes "Personal Identifying Information"?

Under Illinois law, protected information includes:

• Name, address, date of birth
• Social Security number
• Driver's license number
• Financial account numbers (bank accounts, credit cards)
• PINs and passwords
• Electronic identification numbers
• Biometric data (fingerprints, voice prints)
• Medical records
• Employer or taxpayer ID numbers

Related Offenses

Common Identity Theft Scenarios

Financial Account Fraud

• Opening credit cards in someone else's name
• Taking over existing accounts
• Writing checks on someone else's account

Employment Fraud

• Using someone else's Social Security number for employment
• Tax fraud using another's identity

Benefits Fraud

• Obtaining government benefits in another's name
• Medicare/Medicaid fraud

Criminal Identity Theft

• Providing another person's information when arrested
• Creating false identification documents

Defense Strategies

Lack of Knowledge

Identity theft requires knowing use of another's information. If you didn't know the information belonged to someone else, or didn't know your use was unauthorized, this is a defense.

Consent / Authorization

If the person whose information you used gave you permission — even if that permission was limited — this may be a defense.

Mistaken Identity

In the digital world, accounts get hacked, IP addresses can be spoofed, and innocent people get blamed. We investigate whether you actually committed the alleged acts.

No Intent to Defraud

The use must be "fraudulent" — intended to deceive for personal gain. Innocent mistakes or non-fraudulent use may not constitute identity theft.

Challenging Digital Evidence

We work with forensic experts to examine:

• IP address evidence
• Account access logs
• Email and communication records
• Computer/device forensics

Constitutional Violations

We examine whether evidence was obtained legally — proper warrants for device searches, valid subpoenas for records, etc.

Federal Charges

Identity theft often triggers federal prosecution under:

• 18 U.S.C. § 1028: Fraud related to identification documents
• 18 U.S.C. § 1028A: Aggravated identity theft (2-year mandatory consecutive sentence)
• 18 U.S.C. § 1341: Mail fraud
• 18 U.S.C. § 1343: Wire fraud

Federal aggravated identity theft carries a mandatory 2-year consecutive sentence that cannot be reduced through plea bargaining.

Restitution

Identity theft convictions typically require restitution to victims, which may include:

• Actual financial losses
• Costs of credit monitoring
• Time spent repairing credit
• Legal fees incurred by victims

Collateral Consequences

• Employment: Especially damaging for finance, banking, or positions of trust
• Professional licenses: Likely denial or revocation
• Immigration: Crime of moral turpitude affecting status
• Credit: Conviction affects your own credit and financial access
• Housing: Background checks reveal conviction

Frequently Asked Questions

What if I used a family member's information with their permission?

If you had permission, it's not identity theft. However, using someone's identity to deceive a third party (like a creditor) may still be fraud.

Can I be charged for buying something online with someone else's card?

Yes. Using someone's credit card without authorization — even for one purchase — can result in identity theft and theft charges.

What if someone else used my account/identity?

Being a victim of identity theft yourself, or having your accounts compromised, may be a defense. Forensic evidence can help establish who actually committed the crime.

Protect Your Future

Identity theft charges are serious and complex. At Stavros Law Offices, we have the technical knowledge and legal expertise to mount an effective defense.

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