What Is Deceptive Practice and How Is It Punished?

 Posted on November 14, 2024 in Criminal Defense

Getting charged with a crime can be an overwhelming experience. This can be particularly true if you do not understand what you are being charged with. Some charges are more commonly discussed and understood, but others that are less known about can be a source of confusion. 

One example of a lesser-known crime is deceptive practice. If you are facing charges of deceptive practice, let a knowledgeable Elgin, IL criminal defense lawyer explain everything you need to understand and help you present a strong defense.

What Is Deceptive Practice?

One of the reasons why deceptive practice can be difficult to understand is because that title describes a wide range of criminal activity. The main characteristic of all the illegal actions that fall under the category of "deceptive practice" is that the defendant is accused of knowingly and intentionally misleading someone else for personal gain, and this is most often for financial gain.

However, that is where the commonalities end. Deceptive practices include a wide range of behaviors, including forgery, credit card fraud, stealing money, writing bad checks, insurance fraud, abusing someone’s property, or making false representations or statements.

How Is Deceptive Practice Punished in Illinois?

The specific charges and penalties for deceptive practice can vary, depending on the severity of the alleged crime. Some of the possible charges include:

• Class A Misdemeanor: This is typically the charge for lower-scale fraud, for example, writing a bad check or making a false statement so you can obtain services or property. This charge is typically punished with up to 1 year in jail and fines of up to $2,500.

• Class 4 Felony: If the amount that was allegedly taken fraudulently is more than $500, or there were aggravating factors - for example, multiple victims or the victim was the government or a financial institution - you could face 1-3 years in prison and fines of up to $25,000.

• Class 3 Felony: If the amount that was dishonestly and purposely taken is more than $10,000, it could be punished with 2-5 years in prison and fines of up to $25,000.

• Class 2 Felony: When a sum of over $100,000 is involved in the deceit, the alleged perpetrator can face 3-7 years in prison and fines of possibly higher than $25,000.

If the defendant has a prior conviction for similar offenses or the deceptive practice was part of a larger criminal enterprise, there could be additional charges and penalties.

Schedule a Free Consultation with a Kane County, IL Criminal Defense Lawyer

If you are facing charges of committing deceptive practices in Illinois, the smartest thing you can do is speak with a qualified Aurora, IL criminal defense attorney. The Law Office of Brian J. Mirandola is dedicated to building the strongest defense to ensure that your rights are protected. Call 847-488-0889 to schedule a free consultation.