As Chicago criminal defense attorneys, we fight tooth and nail for our clients. When the state charges someone with possession of stolen property, prosecutors aim to paint the accused as a criminal opportunist. We know better. Too often, these cases hinge on weak evidence, questionable police tactics, and assumptions that don’t stand up in court. Our job is to tear those assumptions apart, expose the flaws in the state’s case, and protect the rights of the accused with relentless determination.
Under the Illinois Criminal Code, possession of stolen property is covered by 720 ILCS 5/16-1, which defines theft and criminal possession. To convict, prosecutors must prove the property was stolen, that the accused knew it was stolen, and that the accused had control over it. Knowing is the key element. Prosecutors rarely have direct proof, so they rely on circumstantial evidence. That is where we strike. We attack the state’s theory, challenge the credibility of their witnesses, and force them to prove every element beyond a reasonable doubt.
Federal law can also enter the picture. Under 18 U.S.C. § 2315, possession or sale of stolen goods that cross state lines can trigger federal charges. These cases are serious, carrying harsher penalties and the full weight of federal prosecutors. We don’t back down in federal court. We adapt, outthink, and use strategic pressure to protect our clients in the toughest legal battles.
The penalties for possession of stolen property in Illinois depend on the value of the property.
Under 720 ILCS 5/16-1(b):
- Property valued at under $500 is typically a Class A misdemeanor.
- Property valued between $500 and $10,000 is a Class 3 felony.
- Property valued between $10,000 and $100,000 can lead to Class 2 felony charges.
- Property worth more than $100,000 can result in Class 1 or Class X felony charges.
These charges carry the risk of jail time, fines, probation, and a permanent criminal record. We refuse to let prosecutors dictate the outcome. We study the evidence, dismantle the weak points, and negotiate hard when it serves our clients’ best interests. Sometimes that means taking the fight to trial. Other times, it means cutting a deal that keeps our clients out of prison. Either way, we are aggressive, calculated, and relentless in pursuit of the best result.
Frequently Asked Questions About Possession Of Stolen Property In Illinois
What Does Possession Of Stolen Property Mean Under Illinois Law?
Possession of stolen property means knowingly having control of property that was stolen. Under 720 ILCS 5/16-1, prosecutors must prove knowledge. Without proof of knowledge, possession alone is not enough for a conviction.
Can Possession Of Stolen Property Lead To Federal Charges?
Yes. Under 18 U.S.C. § 2315, if stolen goods cross state lines, federal prosecutors can bring charges. These cases carry severe penalties and require a strong defense.
What Penalties Can Someone Face For Possession Of Stolen Property?
Penalties vary based on the value of the property. A misdemeanor can result in up to a year in jail, while felony charges can carry multi-year prison sentences and steep fines. Property valued over $100,000 can trigger Class X felony penalties, which carry mandatory prison time.
What Defenses Can Be Used In Possession Of Stolen Property Cases?
Defenses include challenging whether the property was truly stolen, disputing knowledge of the theft, or exposing unlawful searches and seizures under the Fourth Amendment. Our approach is to exploit every weakness in the state’s evidence and keep the burden of proof where it belongs—on the prosecution.
Can A Possession Of Stolen Property Conviction Be Expunged In Illinois?
Most felony theft convictions cannot be expunged in Illinois, though some misdemeanor cases may qualify under limited circumstances. A strong defense is critical to avoid a conviction in the first place.
What Should Someone Do If Accused Of Possessing Stolen Property?
The most important step is to remain silent and request an attorney immediately. Anything said to law enforcement can and will be used against the accused. Legal representation ensures that rights are protected from the start.
Call Edward Johnson & Associates For A Free Consultation
At Edward Johnson & Associates, we aggressively defend clients against possession of stolen property charges in Illinois and federal courts. We are bulldogs in the courtroom—uncompromising, relentless, and respected for our ability to outthink the prosecution.
Contact our Chicago criminal law lawyer at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. With offices in Chicago, Illinois, we serve clients throughout the entire Chicagoland metro.