Fighting a Possession of a Stolen Vehicle Charge in Illinois

 Posted on April 23, 2025 in Theft

Possessing a stolen motor vehicle is a serious violation that can result in harsh penalties with long-term consequences. If you were recently charged for this crime, seeking the counsel of an Elgin, IL stolen vehicle defense attorney would likely benefit you. You will need an aggressive approach to challenging the charges. In Illinois, your culpability is based not just on your actual possession of the vehicle but on your knowledge that the possession was unlawful. Working with an experienced attorney will help you find the best defense strategy for your case.

What Illinois Law Says About Possessing a Stolen Vehicle

Illinois statute 720 ILCS 5/16-1 stipulates that the offense hinges on your knowledge and intention. This means that the prosecution will need to prove a few key elements. They may argue the following:

• You knowingly possessed the stolen vehicle
• A reasonable person would have known that the vehicle was stolen
• You intended to deprive the rightful owner of the vehicle permanently
• You used, concealed, or disposed of the stolen vehicle to deprive the owner of it

What counts as "stolen" under Illinois law? Taking a car without the owner's permission and with the intention to keep it, chop it up, or sell it is the most obvious answer. However, there are other ways to deceive a car owner that would count as auto theft. For example, convincing someone that their car does not run so that you can take it for yourself is theft. The circumstances that led to you taking possession of the car are important. They also play a role in determining the best defense strategy.

Defense Strategies for Challenging a Possession of Stolen Vehicle Charge

Lack of knowledge is a common defense for a possession of a stolen vehicle charge. This entails proving that you had no reasonable way to know that the car was stolen when it entered your possession. For example, if it was a gift or you bought it from someone you assumed was a credible seller, you can claim that you have no idea that it was stolen.

Your attorney may also attack the prosecution’s case for lack of evidence. The burden of proof is beyond a reasonable doubt. Casting doubt by arguing that the prosecution does not have the evidence necessary to prove guilt could turn the case in your favor. Your legal representative will build your case based on the unique details, which is why it is important to be upfront with information and be as thorough as possible when you explain the circumstances.

Speak With a Kane County, IL Stolen Motor Vehicle Defense Attorney

The uncertainties of facing a stolen motor vehicle possession charge can be intimidating. The situation necessitates the assistance of an experienced Aurora, IL stolen motor vehicle defense lawyer who can walk you through the legal process and help you build a strong defense. At The Law Office of Brian J. Mirandola, I take the time to hear your side of the story. Often, there is a reasonable explanation. Call 847-488-0889 to schedule a free consultation today.