Can I Be Charged if I Didn't Know the Vehicle Was Stolen?

 Posted on September 28, 2025 in Criminal Defense

You can face serious charges in Illinois if you are caught with a stolen vehicle. This can happen even if you did not realize the vehicle was stolen. You may have bought a used car from someone, borrowed a friend’s car, or driven a vehicle without carefully checking the title and registration. Even in these situations, prosecutors may still try to build a case against you. Working with an experienced Aurora, IL vehicle theft defense lawyer means you will understand the charges against you and how to fight them.

Understanding Illinois Law on Possession of a Stolen Motor Vehicle

Under 625 ILCS 5/4-103, it is a crime to receive, possess, sell, conceal, or dispose of a stolen motor vehicle. However, the law requires proof that you knowingly had a stolen car. That means the state must show you were aware, or should have reasonably suspected, that the vehicle was stolen.

Vehicle theft charges can also fall under Illinois’ general theft law. Statute 720 ILCS 5/16-1 defines theft as taking or controlling someone else’s property without permission and with the intent to keep it. Since cars are considered valuable property, being accused under this statute can lead to felony charges with severe penalties.

In Illinois, possession of a stolen motor vehicle is usually charged as a Class 2 felony, which can carry three to seven years in prison and fines of up to $25,000. In some cases, probation may be possible, but repeat offenses or aggravating factors can lead to longer sentences.

How Prosecutors Try To Prove You Knew the Vehicle Was Stolen

Prosecutors usually do not have direct proof that you knew a car was stolen. Instead, they try to show there were signs you should have noticed. They may try to say that:

• You bought the car for much less than it was worth.

• The title, VIN, or registration looked fake or was missing.

• You avoided the police, changed your story, or gave confusing answers.

• The car had broken locks, a damaged ignition, or other signs of tampering.

• Someone claims you were told the vehicle was stolen.

Even if these points do not prove guilt on their own, prosecutors may argue that together they show you should have known. However, an experienced attorney can fight these allegations.

Possible Defenses Against a Possession of a Stolen Motor Vehicle Charge

You always have the right to defend yourself against criminal charges. For example, if you bought a car in good faith, with documents that looked valid, your attorney can argue that you had no reason to suspect it was stolen. If you borrowed a friend’s car or accepted a ride, you were not acting with the intent to commit theft. Showing that you acted reasonably and without criminal intent can make the difference in your case.

Your attorney may also challenge the way the police handled the stop and search. If officers violated your rights when they pulled you over or seized the car, the evidence may be thrown out. This can weaken the state’s case against you or get the charges dismissed altogether.

Schedule a Free Consultation With an Elgin, IL Possession of a Stolen Motor Vehicle Defense Attorney

At The Law Office of Brian J. Mirandola, we represent clients in Elgin, Aurora, and across Kane County who are facing vehicle theft charges and other serious accusations. When you work with Attorney Brian J. Mirandola, you benefit from his experience as a former Assistant State’s Attorney. He knows how prosecutors build their cases and can challenge their tactics.

His recognition as an Elite Lawyer (2019–present), Lead Counsel Verified in Criminal Defense (2018–present), and one of the Top 10 Criminal Defense Attorneys in Elgin reflects his proven skill and dedication to protecting clients. Call 847-488-0889 today to set up your free consultation with an Aurora, IL vehicle theft defense lawyer who will fight for your rights and your future.