Chicago Identity Theft Defense Lawyer

Aggressive Legal Representation for Charges Under 720 ILCS 5/16-30

If you’ve been accused of identity theft or aggravated identity theft in Chicago, you need a skilled and experienced Chicago criminal defense attorney who understands how to navigate the complex and highly technical statutes in Illinois law. Identity theft charges under 720 ILCS 5/16-30 are aggressively prosecuted in Cook County, and convictions can lead to felony-level penalties, including prison time, massive fines, and a permanent criminal record.

At the Law Office of Phil Haddad, we understand the seriousness of these accusations and will fight relentlessly to protect your rights, reputation, and freedom.

What Is Identity Theft in Illinois?

Under 720 ILCS 5/16-30, identity theft occurs when someone knowingly uses, obtains, or possesses personal identifying information or documentation of another person without authorization for fraudulent or criminal purposes.

Some common examples of identity theft under Illinois law include:

Using someone’s name or Social Security number to open a credit card
Accessing another person’s bank account or medical records without consent
Possessing or selling stolen identification cards or driver’s licenses
Using someone else’s identity to commit felonies or fraud
Falsely identifying as a licensed contractor to obtain permits or employment

Illinois takes identity theft seriously, especially in cases where the victim is elderly, disabled, or an active-duty military service member.

Types of Identity Theft Offenses in Illinois

The statute defines several specific types of identity theft, including:

Fraudulent use of someone’s personal identifying information to gain money, goods, services, or credit.
Use or possession of information or documents to commit a felony.
Sale, transfer, or manufacture of personal information or fake identification documents.
Use of RFID devices (radio frequency identification technology) to steal digital information.
Impersonation to access personal records, financial data, or restricted accounts.

These cases can be prosecuted at both the state and federal level, and evidence such as computer data, surveillance footage, or transaction logs may be used by prosecutors to prove intent and knowledge.

What Is Aggravated Identity Theft?

Aggravated identity theft is a more serious charge that involves:

A victim who is 60 years or older, has a disability, or
An offense committed on behalf of a criminal gang.

Aggravated identity theft carries harsher sentencing classifications, especially when large sums of money or multiple victims are involved.

Felony Classifications and Penalties Under 720 ILCS 5/16-30

Illinois law imposes severe penalties for identity theft and aggravated identity theft, depending on the value of what was taken and whether the defendant has any prior convictions. Here’s a breakdown:

Identity Theft

Less than $300: Class 4 felony (Class 3 if a prior offense exists)
$300–$2,000: Class 3 felony
$2,000–$10,000: Class 2 felony
$10,000–$100,000: Class 1 felony
Over $100,000: Class X felony (non-probationable)

If the victim is an active-duty military member, the charge can be enhanced by one full class level — for example, from Class 2 to Class 1.

Other enhancements apply if:

The accused targets three or more individuals within 12 months
The identity theft was committed using false documents or manufacturing tools
The offense involved attempts to purchase materials for drug manufacturing

Aggravated Identity Theft

Up to $300: Class 3 felony
$300–$10,000: Class 2 felony
$10,000–$100,000: Class 1 felony
Over $100,000: Class X felony
Second or subsequent offense: Automatically upgraded to Class X felony

Defending Identity Theft Charges in Chicago

Defending identity theft requires a detail-oriented, technology-savvy, and aggressive legal strategy. As an experienced Chicago identity theft defense lawyer, Phil Haddad will evaluate:

Whether you had permission or authorization to use the information
If the information was inaccurate, mistaken, or improperly traced to you
Whether law enforcement violated your Fourth Amendment rights (illegal search or seizure of digital evidence)
Lack of criminal intent, especially in business disputes or employment issues
Whether another individual or third party committed the offense using your accounts or devices

We also explore opportunities for charge reduction, dismissals, or alternative sentencing like deferred prosecution or probation, especially for first-time offenders.

Speak to a Top Chicago Criminal Defense Attorney Today

If you are under investigation or have been charged with identity theft or aggravated identity theft in Chicago, it’s critical to act fast. Prosecutors in Cook County will seek harsh penalties, and your future could depend on the quality of your legal defense.

Call Phil Haddad now at 708-833-3505 for a free and confidential consultation. We’ll explain your rights, assess the strength of the prosecution’s case, and help you build a powerful defense. Don’t risk your freedom to a system designed to convict. Get an experienced and relentless advocate in your corner today.