Property Crimes

Bellville criminal defense attorney Lyndon P. Evanko represents people charged with property crimes in southwestern Illinois.  Property crimes can be prosecuted as misdemeanors or felonies, depending primarily upon the value of the property taken or damaged.  Aside from criminal penalties, persons convicted of property crimes may also be liable in civil lawsuits for the damage they have caused.  Major property offenses can include:

Theft

According to Illinois law, a person commits theft by obtaining control over another's property, either by threat or deception or simply by taking it with the intent to permanently deprive the owner of it.  Punishments for theft depend upon a variety of factors, including the value of the property, whether the defendant has any previous convictions, and whether property was taken from the other's person or by means of deception. 

Retail theft, also known as shoplifting, involves theft of merchandise from a store or business.  Related crimes include unlawful use or possession of a theft detection shielding device, and unlawful possession of a theft detection device remover.  These offenses may be committed in conjunction with retail theft, but the elements of the crimes are different and may be charged as separate offenses.  Conviction of a first offense for these related crimes is a Class A misdemeanor, while any subsequent convictions are considered Class 4 felonies.

Criminal damage to property

This offense includes knowingly damaging the property of another, including starting a fire, injuring a domestic animal, or vandalizing a building.  Whether this offense is classified as a felony or misdemeanor depends upon the value of the property and other factors.  Except in cases where jail time is imposed, community service of 30 to 120 hours will be added to the sentence for conviction of criminal damage to property.  If the property damaged is crops of another, the offender is liable in a civil action to the owner of the crops for monetary damages up to twice their market value.

Trespass

Criminal trespass to real property occurs when a person knowingly and without authority enters or remains within a building or enters or remains upon the land of another after receiving notice from the owner or occupant that such entry is forbidden.  Driving a motor vehicle, including an off-road vehicle or motorcycle, onto an orchard, field, or area containing livestock is specifically forbidden under this statute.  Further, a person may be liable in a civil action for any monetary damages he or she caused to the owner of the land, including twice the actual damages caused, court costs, and attorney's fees.

If you have been charged with any type of property crime, contact the law office of Lyndon P. Evanko, P.C. today or call us at (618) 397-1997 for a free consultation.