Defending Against Property Crime Charges in Illinois

 Posted on May 16, 2022 in Criminal Defense

One of the most common crimes that a person can be charged with are property crimes. Property crimes include robbery, burglary, shoplifting, larceny, and theft, including motor vehicle theft. If you have been charged with a property crime, it can be a stressful and even frightening time. The criminal justice system can be complex and intimidating, and depending on the circumstances of your case, a conviction could even mean jail time. This is why anyone charged with a property crime should consider retaining the services of a defense attorney. The following are some of the possible defenses an attorney may be able to use in a property crimes case.

The Accused Has an Alibi

One of the strongest defenses against a robbery charge is that the person accused was not in the area where the crime was committed. If a person can prove they were somewhere else when the crime took place, it is a significant defense and one the prosecutor would have a hard time proving “beyond a reasonable doubt.” There are a number of ways that a person can prove their alibi, such as cell phone tower records, witness testimony, credit card receipts, and video footage.

Lack of Proof

A prosecutor may present pieces of evidence that they say proves that the accused committed the crime. It is the job of a defense attorney to poke holes in each piece of evidence that is presented to the jury. For example, the attorney may be able to throw doubt on the credibility of the police investigation, such as introducing evidence that police searches were done illegally. 

The Accused Had Authorization to Enter the Property

Sometimes the defense to the crime may be proving that what the person has been accused of is a more serious charge than what they actually did. For example, the law says that a person has committed robbery if they entered a property without permission with the intent to commit a crime. The crime of theft, which is a less serious charge, is the taking of property from a place that the accused was allowed to be in (i.e. allowed to be in a retail store but committed an act of shoplifting). If the attorney can prove that the accused had permission to be in the location, the offense would be theft and not robbery.

Call a DuPage County Defense Lawyer for Help

If you have been accused of a property crime, do not attempt to fight the charges on your own. A conviction could have a negative impact on your future prospects for work, education, and even housing. Contact J. Aldrich Law, P.C. at 630-953-3000 to schedule a free consultation with one of our skilled Naperville, IL property crimes attorneys and let us begin building your defense today.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HTit%2E+III+Pt%2E+C&ActID=1876&ChapterID=53&SeqStart=35400000&SeqEnd=68500000