Kane County Burglary & Theft Lawyer


Criminal Lawyer Serving Kane, DuPage & Cook County

If you are charged with Theft, Retail Theft, Burglary, or Forgery in Illinois, it may be far more serious than you think. In Illinois, theft can be a petty offense charged under an ordinance ticket, or a serious crime, depending on the value of the property stolen and other factors surrounding the case.  Crimes such as Theft, Retail Theft, Burglary, and Robbery are crimes of dishonesty that will impact your future, and could cause you to lose out on employment in addition to facing serious penalties in court. You should not fight these cases on your own.

At Ramirez Law, we have been defending those accused of theft, burglary and other property crimes for over twenty years.  From her Aurora, Illinois office, Attorney Viviana Ramirez has worked with clients from Cook County to Kane County, DuPage County and Will County and all included communities in the Chicagoland area. She is an aggressive defender of her clients’ rights and challenges every potential weakness in the prosecution’s case. When your future is at stake, it is important to choose an attorney that will stand up for you.


Illinois Law states that someone has committed a theft when that person knowingly:

  • Takes unauthorized control over another person’s property;

  • Takes control over another person’s property by deception;

  • Obtains control over another person’s property by threat;

  • Knowingly takes possession of stolen property; or

  • Knowingly takes possession or control over stolen property that was in the custody of a law enforcement officer or agency.

The penalties for Theft in Illinois range from a Class A Misdemeanor (with fines up to $2500 and up to one year in county jail) all the way up to a Class X Felony (with fines up to $25,000 and up to 30 years in state prison) depending on the value of the stolen property, whom it was stolen from, past criminal record of the accused, and other factors. If you are arrested for stealing items offered for sale in a store, you are likely facing a charge of Retail Theft. A conviction for Retail Theft will have a detrimental impact on your future. If you are accused of taking items valued at less than $300, and you have not previously been found guilty of any theft offense, you are likely facing a Class A Misdemeanor. If you are accused of taking items with a value over $300, you could be facing a Class 3 Felony, which could result in a prison sentence from two to five years. A qualified attorney can help you fight the charges at trial, seek a reduction in the classification of the charge, or request an amendment to the charge which will not have connotations of a “crime of dishonesty” that can be a permanent mark on your record.

Some of the more common theft charges in Illinois include:

  • Criminal Trespassing (Motor Vehicle or Property)

  • Possession of a Stolen Motor Vehicle (PSMV)

  • Possession of/Receiving Stolen Property

  • Retail Theft

  • Extortion

  • Identity Theft

  • Online Theft

  • Burglary (Residential and Commercial)


Burglary is a common charge that carries fairly harsh penalties depending on the circumstances. Burglary in Illinois is defined as knowingly and without authority entering and/or remaining within a "building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any part thereof" with the intent to commit a theft or felony. In certain situations, a person who enters a store with the intent to steal merchandise can be charged with Burglary rather than a lesser, more typical charge of Retail Theft. Burglary is a Class 2 Felony, punishable with fines up to $25,000 and three to seven years in state prison. However, if the burglary occurs in a school, place of worship, day care center/home or group day care facility, the charges can be brought as a Class 1 Felony, with the potential prison sentence ranging from 4-15 years.

Penalties for theft and burglary criminal convictions are only the beginning. You may also be liable for civil charges. For example, if you are arrested for Retail Theft, you may receive a letter from the store demanding a civil payment. You should seek the advice of an attorney before acting on that letter. In addition, having these convictions on your record can affect many of your future options, such as:

  • Employment

  • School Admissions

  • Housing

  • Immigration (for Non-U.S. citizens)

When you are facing a theft or burglary charge in Illinois, you need a lawyer with the experience and expertise to provide the strongest possible defense. For a free consultation with a competent and compassionate Illinois property crimes attorney, contact our firm today at 630.480.6345.

From our law in Aurora & Chicago Illinois, Ramirez Law proudly serves clients in drug related crimes throughout Kane County, DuPage County, Kendall County and Cook County including, but not limited to, North Aurora, Batavia, Geneva, St. Charles, Elgin, Wheaton, Warrenville, Naperville, Elburn, Campton Hills, Wayne, Winfield and the city of Chicago.