When people come to us facing charges for possession of stolen property, they are already fighting an uphill battle. Prosecutors move quickly in these cases and try to paint every client as someone seeking a quick profit. We do not let them control the story. We push back, challenge their evidence, and force them to prove every single claim. As criminal defense lawyers who fight in Chicago courts every day, we understand how aggressively the state pursues these cases and how easily someone can be swept into the system based on assumptions. Our job is to break those assumptions and protect your future at every step.
What Illinois Law Says About Possession Of Stolen Property
Illinois law treats possession of stolen property as a serious offense. Under 720 ILCS 5/16-1, a person can be charged if they knowingly possess property that they knew was stolen or had reason to know was stolen. The value of the property determines whether the case is charged as a misdemeanor or a felony. We often see prosecutors try to exaggerate the value to increase the charges. We refuse to let them inflate numbers or twist facts.
Federal law can also come into play, especially when the property crosses state lines. Under 18 U.S.C. § 2315, trafficking stolen goods valued over five thousand dollars can trigger federal charges. These cases require a tactical defense strategy because federal prosecutors have broader investigative tools and more resources. We counter that with targeted motions, aggressive challenges to evidence, and constant pressure on weaknesses in the government’s case.
How Intent And Knowledge Affect These Charges
Possession cases often turn on what the accused knew. Prosecutors rarely have direct proof. They rely on circumstantial evidence, assumptions about behavior, or statements taken out of context. We attack those assumptions immediately. Illinois law requires proof that the accused knew or should have known the property was stolen. If prosecutors cannot establish that knowledge, their case falls apart. We look for inconsistencies in witness statements, flaws in police reports, and gaps in the chain of custody. These details often give us leverage to negotiate or fight the charges directly in court.
How We Defend These Cases
We build defenses that force the government to scramble. We analyze how the property was located, whether the search was lawful, and whether the police followed constitutional requirements. If law enforcement violated the Fourth Amendment, we move to suppress the evidence. When prosecutors realize they may lose key evidence, negotiations shift in our favor.
In other cases, we challenge ownership claims, valuation, and the credibility of witnesses. Prosecutors often depend on weak assumptions to build these cases, and we expose those weaknesses. Our goal is to position you for dismissal, reduction, or the most favorable outcome possible.
Possession Of Stolen Property Frequently Asked Questions
What Does The State Need To Prove In A Possession Of Stolen Property Case?
The state must prove that the property was stolen and that you knew or should have known it was stolen. Prosecutors often rely on circumstantial evidence, but that evidence must still meet legal standards. We challenge every assumption the state tries to use. If they cannot show actual knowledge or reasonable grounds to believe the property was stolen, the case becomes vulnerable.
What Happens If The Property Came From Another State?
If the property crossed state lines or was trafficked between states, federal prosecutors can become involved. Under 18 U.S.C. § 2315, federal charges apply when stolen goods exceed five thousand dollars in value. Federal cases move quickly, and the penalties are severe. Our defense strategies focus on weakening federal jurisdiction, attacking investigative steps, and exposing flaws in the government’s theory.
Can I Be Charged Even If I Did Not Steal The Property?
Yes. Illinois law separates theft and possession. You can be charged under 720 ILCS 5/16-1 even if someone else committed the original theft. The issue is whether the state can prove you knew the property was stolen. We force prosecutors to defend their assumptions and prove knowledge with actual evidence.
What If I Bought The Property From Someone I Trusted?
A lack of knowledge or a reasonable belief that the transaction was legitimate can be a strong defense. Prosecutors often claim you should have known based on where or how the property was obtained. We counter those claims by showing reasonable explanations, documented purchases, witness statements, or other facts that undermine the state’s theory.
Will I Go To Jail For Possession Of Stolen Property?
That depends on the value of the property, your criminal history, and the strength of the evidence. Felony charges carry tougher penalties, including possible prison time. We fight aggressively to prevent jail time. Our approach focuses on suppressing questionable evidence, weakening the state’s case, and negotiating from a position of strength. Many clients avoid convictions when the prosecution realizes their case cannot withstand real scrutiny.
Call Edward Johnson & Associates For A Free Consultation
If you are charged with possession of stolen property, you need attorneys who fight with force, strategy, and relentless pressure. At Edward Johnson & Associates, we do not wait for prosecutors to dictate the pace. We know how to attack their case and protect your rights from the first minute.
To receive your free consultation, contact our Chicago shoplifting defense lawyer at Edward Johnson & Associates P.C. by calling 708-762-8666. Our offices are located in Chicago, and we serve clients throughout the entire Chicagoland metro. When your freedom is on the line, you deserve a legal team that is ready to fight.