How are Deceptive Practices Punished in Illinois?

 Posted on November 27, 2024 in Criminal Defense

The term "deceptive practices" describes crimes that involve fraud or dishonesty. These crimes are usually committed for personal or financial gain and often involve tricking people into believing something that is not true. Whether deceptive practices are carried out through false advertising, credit card fraud, or identity theft, they can harm people and businesses.

Illinois law comes down hard on crimes that are considered deceptive practices, with specific penalties for these convictions. However, since "deceptive practices" is a legal term that people who are not lawyers or police officers may not fully understand, there can be confusion about what exactly falls under the category. If you have specific questions, a knowledgeable Naperville, IL criminal defense attorney can help you understand the charges and penalties for deceptive practices.

What Are Deceptive Practices?

Someone can be accused of deceptive practices when he or she does something to intentionally mislead someone. The goal is typically to take money or something else unfairly. While these can be a variety of actions, they all involve some form of dishonesty. Some examples include:

• Pretending to sell a product or service that you cannot provide

• Advertising a product as "100% organic" or "almost sold out" when that is not remotely true

• Using someone’s credit card information without their consent

• Phishing schemes to steal someone’s personal information to commit fraud

• Knowingly writing a check that you know will not clear, with the goal of defrauding whoever receives it

Penalties for Deceptive Practices in Illinois

Deceptive practices can be charged as misdemeanors or felonies and punished accordingly, depending on the severity of the crime. When the action resulted in a smaller amount of money or other value deliberately and dishonestly taken, it is often charged as a misdemeanor. A Class A misdemeanor conviction can carry a sentence of up to one year in county jail and up to $2,500 in fines.

When significant value is involved, it can result in felony charges.

• If the value of the fraud or loss is between $500 and $10,000, it can be charged as a Class 4 felony, with a sentence of one to three years in prison and up to $25,000 in fines.

• If the fraud is worth between $10,000 and $100,000, it can be charged as a Class 3 felony, with a sentence of two to five years in prison and up to $25,000 in fines.

• When the amount that was dishonestly taken is more than $100,000, it can be charged as a Class 2 Felony, with a sentence of three to seven years in prison and up to $25,000 in fines.

In addition to jail time and fines, convictions for deceptive practices can also involve restitution, where the defendant will need to pay back the money he or she allegedly received dishonestly. This is common with financial fraud or identity theft.

Schedule a Free Consultation with a Naperville, IL Criminal Defense Lawyer

If you are facing charges of deceptive practices, speak with a skilled Illinois criminal defense attorney who can build a strong defense to protect your rights. Whether we can demonstrate that you lacked intent to deceive, that there is not enough evidence to charge you, or that you were a victim of entrapment, there are several options for keeping you out of jail. At Law Office of Philip R. Nathe, we will advocate aggressively to get you favorable results. Call us at 630-416-7600 to schedule a free consultation.