What Is Possession of a Stolen Motor Vehicle? – 625 ILCS 5/4-103

The law for possession of a stolen motor vehicle (also known as PSMV) in Illinois is found at 625 ILCS 5/4-103. It states, “it is a violation of this chapter for a person not entitled to the possession of a vehicle or essential part of a vehicle to receive, possess, conceal, sell, dispose, or transfer it, knowing it to have been stolen.”

Is Possession of a Stolen Motor Vehicle a misdemeanor or felony?

Possession of a Stolen Motor Vehicle is a felony. A felony is a crime that is punishable by more than 1 year of imprisonment. 625 ILCS 5/4-103(b).

What level of felony is Possession of a Stolen Motor Vehicle?

Possession of a Stolen Motor Vehicle is a class 2 felony. The order of felonies in Illinois from most to least serious goes: Class X, followed by Class 1, Class 2, Class 3, and then Class 4. 625 ILCS 5/4-103(b).

Can I go to Prison? What Is the Sentencing Range for Possessing a Stolen Motor Vehicle in Illinois?

Generally, Possession of a Stolen Motor Vehicle is a class 2 felony punishable by 3 to 7 years in the Illinois Department of Corrections. 625 ILCS 5/4-103(b). However, if you stole a cop car, or a car worth more than $25,000, or you possess 3 or more stolen cars, then you can be charged with Aggravated Possession of a Stolen Motor Vehicle, which is a Class 1 felony punishable by 4 to 15 years in the Illinois Department of Corrections. We’ll go through a list of how PSMV can become an Agg. PSMV later on in this guide.

Can You Get a Sentence of Probation?

Yes. If you are charged with Possession of a Stolen Motor Vehicle, you are eligible for a sentence of probation of up to 48 months on a class 2 felony (730 ILCS 5/5-4.5-35(d)). Not only are you eligible for probation, but Illinois law suggests it: “the court shall impose a sentence of probation or conditional discharge upon an offender unless, having regard to the nature and circumstance of the offense, and to the history, character and condition of the offender, the court is of the opinion that: his imprisonment or periodic imprisonment is necessary for the protection of the public; or probation or conditional discharge would deprecate the seriousness of the offender’s conduct and would be inconsistent with the ends of justice.” 730 ILCS 5/5-6-1(a).

Can I Get Supervision?

No. Court Supervision is not a possible outcome in felony cases. 730 ILCS 5/5-6-1(c). TIP: Keep reading to find out about Second-Chance Probation.

How Long Is the Mandatory Supervised Release or Parole Period?

For possession of a stolen motor vehicle cases, a person sentenced to the Illinois Department of Corrections will have a mandatory supervised release period of 12 months. 730 ILCS 5/5-8-1(d)(2).

Can I Possess a Gun If I Am Convicted of Possession of a Stolen Motor Vehicle?

No. If you are convicted of possession of a stolen motor vehicle, then you would be a convicted felon. Felons are not allowed to possess gun in the State of Illinois. See my Unlawful Possession of a Weapon by a Felon guide.

What Is the Extended Term Sentencing Range 730 ILCS 5/5-4.5-35?

Under Illinois’ extended sentencing guidelines, if you have been convicted of a felony in the last 10 years, and that felony was of the same class or worse when compared to your current charge, then the maximum allowable sentence is doubled.  730 ILCS 5/5-5-3.2(b). That means that the sentencing range for possession of a stolen motor vehicle 3 to 14 years IDOC (730 ILCS 5/5-4.5-35(a)).

Are There Additional Penalties If People Were in the Car When I Took It?

Yes, it would be a different crime. You could be charged with Vehicular Hijacking (720 ILCS 5/18-3(a)) or a Vehicular Invasion (720 ILCS 5/18-6(a)).

What Percentage of Your Sentence Will You Serve on a Possession of a Stolen Motor Vehicle? 730 ILCS 5/3-6-3(a)(2.1)

Possession of a stolen motor vehicle is a 50% sentence. Illinois Truth-In-Sentencing law states: “the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment.” 730 ILCS 5/3-6-3(a)(2.1). So if you received the imprisonment term of 6 year in the Illinois Department of Corrections, the most you would actually serve is 3 years assuming you do not receive any other credits.

What Other Things Should I Know If I Suspect That Police Are Investigating Me?

Police sometimes call suspects to ask them if they could come down to the police station and “answer some questions about an incident that happened.” This is an attempt to gather evidence against you. As with any ongoing criminal investigation, you have the right to a lawyer and the right to remain silent. DO NOT TALK TO ANYONE about an ongoing criminal investigation. #commonsense; #notlegaladvice.

Another way that police gather evidence on possession of a stolen motor vehicle cases is through search warrants. If you found this PSMV guide by search for it on your phone, yikes!!! Police can get search warrants to see your browsing history. They can also check your recent photos to see if you took any pictures of yourself with the car. They could also track your phone’s GPS to see if it was previously at the location where the car was first taken. Although people may find this guide for a variety of reasons (i.e. a google search after watching something in the news/show, clicking around in my website, and/or educational purposes) you wouldn’t want a jury/officer/prosecutor/judge to expect the worst.

What Is a Difference Between Possession of a Stolen Motor Vehicle and Aggravated Possession of a Stolen Motor Vehicle?

Generally, there are 5 ways to go from PSMV to Agg. PSMV (Aggravated Possession of a Stolen Motor Vehicle):

• The value of the car stolen was $25,000 or over;
• You took a police vehicle (a cop car);
• You took 3 or more cars;
• You took a special vehicle (i.e. fire truck, ambulance, farm tractor, dump trunk, crane, tow truck); or
• You were directed by police to bring the stolen car to a stop and failed to do so (625 ILCS 5/4-103.2(a)).

Another difference is the sentencing range. Aggravated Possession of a Stolen Motor Vehicle is a Class 1 felony.

How To Keep a Possession of a Stolen Motor Vehicle Case Off Your Record

There are several ways to keep a conviction for possession of a stolen motor vehicle case off your criminal record. Here are some of the ways:

How to win at trial?

Challenge the “knowing possession” part of the crime.

Prosecutors have a tough time proving that you knew that the car was stolen because there is nothing different in a stolen motor vehicle from a borrowed motor vehicle. As a result, the legislature has given the prosecution extra tools to try to get the conviction. The law states, “Knowledge that a vehicle … is stolen … may be inferred: (A) from the surrounding facts and circumstances, which would lead a reasonable person to believe that the vehicle … is stolen or converted; or (B) if the person exercises exclusive unexplained possession over the stolen or converted vehicle.” 625 ILCS 5/4-103 (a)(1). Even with this help, claiming that the prosecutors failed to prove “knowing possession” may be a very good defense strategy.

How to win at motion?

If the biggest piece of evidence against you was the recovery of the car from your property, then a motion to suppress might be the solution. A criminal defense attorney can challenge the lawfulness of the seizure. If the Court finds that it was a bad seizure, the Court can prevent the State from using what was recovered from the bad stop or search as evidence. This could result in a dismissal of your case.

How to avoid a conviction by completing Second Chance Probation. What is Second Chance Probation? (730 ILCS 5/5-6-3.4)

People charged with possession of a stolen motor vehicle with no prior felony convictions are eligible for second chance probation. Possession of a Stolen Motor Vehicle is actually the highest class felony (Class 2) that is still eligible for Second Chance Probation. Second Chance Probation has the following minimum requirements:

• 24 Months of Probation;
• 30 hours of Community Service;
• Remaining free from controlled (non-prescribed) substances which is monitored by random drug testing; and
• Completion of a Drug Abuse Evaluation and following any recommended treatment.

Second Chance probation does require the prosecutor’s consent (so be nice to your assistant state’s attorney). You might be thinking to yourself, then why do we need second chance probation if it’s the same as First-time drug offender probation. A person can only get Second Chance Probation once every 4 years. 730 ILCS 5/5-6-3.4(h).

How to avoid a conviction by probation under the Substance Use Disorder Act (Previously TASC Probation – 20 ILCS 301/40-10)?

Under the Substance Use Disorder Act, a person can be sentenced to treatment as a condition of probation for possession of a stolen motor vehicle case. Although a conviction initially enters against you, the good news is that “upon successful fulfillment of the terms and conditions of probation the court shall discharge the person from probation. If the person has not previously been convicted of any felony offense and has not previously been granted a vacation of judgment under this Section, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her.” 20 ILCS 301/40-10(e).

How to avoid a conviction through Diversion or Deferred Prosecution Programs?

Many counties have diversion or deferred prosecution programs which are alternatives to the criminal justice system. Essentially, you and the prosecutor enter into an agreement that if you comply with the terms of the program (which usually include treatment, classes, and/or community service) the case that brought you to court would be dismissed. If the prosecutor is offering a diversion program, accepting and complying with the program is almost always the best possible result.

How to avoid a conviction through a Plea Agreement (Reduction on the Charge)?

Although rare, prosecutors sometimes clear backlogs and move cases by giving defendants “a bargain.” A reduction from a felony possession of a stolen motor vehicle to a misdemeanor criminal trespass to a motor vehicle is a very good disposition. Another reduction could be from possession of a stolen motor vehicle to a class 3 theft of property.

Other Theft Crime Guides

If you are looking for information about:

• Retail Theft cases, then check out our guide to Retail Theft cases in Illinois.
• Residential Burglary cases, then check out our guide to Residential Burglary cases in Illinois.
• Robbery cases, then check out our guide to Robbery cases in Illinois.
• Burglary cases, then check out our guide to Burglary cases in Illinois.

Hire Illinois Vehicle Theft Lawyer Clyde Guilamo

Lastly, I hope this guide of free legal education was helpful. #notlegaladvice. If you found this article helpful, consider giving us a review on Google! If you have specific questions about your case, then call me today for a free consultation: