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Barry Boches & Associates

What Are Some Theft Charges That People Are Not Commonly Aware Of?

There are different kinds of theft charges. Theft charges can arise from a home repair fraud situation, in which someone took money to finish a job but when the client wanted their job finished, but the repair person was either disinterested or refused. In this case, it would be theft by deception because the repair person deprived their client of their money without following through on their part of the bargain.

What Is Identity Theft?

People sometimes get involved with Internet scams where it’s very hard to track down who is doing it, which is a problem. They may try to get the person’s credit card or Social Security information and do things like getting tax returns. This kind of theft is called identity theft and it’s always for money. I have handled cases in which people obtained the Social Security number of a dead person and used it for years.

The person may be an illegal immigrant using a Social Security number to get work and the person whose number that is won’t realize someone else is using it until 3 or 4 years later, when they suddenly get a notice from the government that they had not paid taxes on the money they received; that’s how they are sometimes able to catch people. Identity theft is still a theft because the person is taking money from other people and creating a liability for other people to the government. It is horrendous because it can really create a nightmare for the other person, whose credit can be destroyed by all these judgments from the government against them, and they have to try to fix it all.

Can Credit Cards Be Used For Theft?

People can buy things with credit cards over the phone. Someone tried to scam me 3 months ago; I had made a credit card purchase over the phone for some tickets and the total came to about $1,200. I got something from the Citibank company in regards to an early fraud warning, due to a purchase that had come in from overseas for about $1,400. I thought it was fine at the time because my family was going overseas and I thought that was where it was coming from, but I soon realized that someone in between the travel agent and whoever they paid the card to, had forwarded that information to someone else, who had made two other purchases for around $1,400 each; one from Malaysia Airlines and one from some place in California.

If I had not caught that, by the time the Citibank fraud department figured it out, those people would already have been on their trip and gotten away with the theft. Identity theft is quite common, so people should really be careful to whom they give out their Social Security number and credit card information; identity theft is a very huge multi-billion dollar industry right now.

What Does Petty Larceny Refer To?

Illinois does not have a petty larceny charge; it’s just considered theft and is charged as a misdemeanor, although even the smallest level of theft is a jail-able offense. That does not mean the person will be jailed for the first offense; it will depend on the circumstances and the person’s record. They may have stolen a pack of gum when they were 16 years old and then all of a sudden they’re looking at felony when they stole a pack of cigarettes at age 40.

What Is A Difference Between A Robbery And A Burglary?

The definition of a burglary means that the person knowingly entered into the dwelling or car or boat without the permission of the person who owned the property with the intent to commit a theft therein. Regular burglary can involve a car, garage or shed, or for residential burglary, the person will go into a house or a residence, although there are different penalties. Regular burglary is a class II felony in Illinois and carries 3-7 years, which is probation-able, while a residential burglary is a class I felony, carrying 4-15 years and is not probation-able.

Is it Burglary If Nothing Was Taken?

A situation in which some teenage kids broke into someone’s house and took beer out of their fridge more or less completes the elements of a residential burglary because they will have gone into the premises without authority and with the intent to commit a theft therein. They would be guilty of burglary even if they just went into a house and were looking around because they would have still entered a house without permission with the intent to commit a theft, even if they took nothing.

Regular theft does not involve going into any premises, but if the theft was done by entering into a dwelling or a car or a shed or a boat, then it will be considered regular burglary. It can be taken a step further; if someone went on to commit any felony in that house like punching somebody in the arm, then it would become a home invasion, which would be a 6-30-year offense with no probation. Every little thing added to it will add another factor to determine how badly the person will be punished when the time came.

Have You Ever Dealt With Cases That Involve The Internet?

The cases that I handled involving the internet did not have so much to do with taking of funds; they mostly had to do with internet and child porn on the computer. I really have not dealt with too many internet thefts.

For more information on Identity Theft, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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