Identity Theft Lawyer in Chicago

Identity theft is a form of financial fraud that involves using someone else’s personal or financial information without permission. These cases often involve bank accounts, credit applications, online transactions, government documents, or digital access credentials. Because of the rise in cybercrime and data breaches, Illinois prosecutors aggressively charge identity theft at the highest level supported by the evidence.

In most situations, identity theft is at least a Class 3 felony, meaning a conviction can lead to prison time, steep fines, and long-lasting consequences. Early legal representation is critical, especially when investigators are already building a case. If you have been charged with an identity theft crime in Chicago, Skokie, Rolling Meadows, or any other surrounding suburb, we can help at Kovacevic Law.

Types of Identity Theft in Illinois

Under the Identity Theft Law, 720 ILCS 5/16-30, identity theft can be charged in several different ways depending on what information was taken and how it was used. Common forms include:

Using Personal Information

Knowingly using another person’s name, Social Security number, driver’s license number, date of birth, or similar identifying data to obtain money, services, property, or credit.

Misusing or Altering Identifying Documents

Possessing, using, or modifying an identifying document such as a license, ID card, or employee badge in order to commit a felony or gain unauthorized access.

Selling Personal Information

Providing someone’s personal information to a third party without their consent, even if you did not personally use the information yourself.

Creating or Altering Photo Identification

Manufacturing or altering badges, passes, or photo IDs to access secure areas or restricted systems.

Using Information to Access Records or Accounts

Using personal data to view another person’s financial history, communications, activities, or private transactions.

Illinois also criminalizes the use of RFID cloning devices, fraudulent building permit applications, and other sophisticated methods of accessing protected systems.

Aggravated Identity Theft

Under 720 ILCS 5/16-30(b), charges can be enhanced if:

• The conduct was connected to an organized criminal group
• The alleged victim was 60 or older
• A military member was targeted

Aggravated charges dramatically increase sentencing exposure.

Penalties for Identity Theft in Illinois

Penalties vary based on the value involved, the victim’s status, and whether prosecutors allege aggravating factors.

Potential Sentences Include:

Under $300

• Class 4 felony
• 1–3 years in prison
• Up to $25,000 in fines

$300 – $2,000

• Class 3 felony
• 2–5 years in prison
• Up to $25,000 in fines

$2,000 – $10,000

• Class 2 felony
• 3–7 years in prison

$10,000 – $100,000

• Class 1 felony
• 4–15 years in prison

Over $100,000

• Class X felony
• 6–30 years in prison
• No probation allowed

Additional penalties may include restitution, probation terms, forfeiture of seized devices, and long-term restrictions on technology use.