Orland Park Retail Theft Defense Lawyer

Will County Criminal Defense Attorney for Shoplifting or Retail Theft Charges

The offense of retail theft may apply in many different situations. A person may be accused of taking items from a store and trying to walk out with them. A person does not have to actually leave the store to be found guilty—they only need to have gone past the last payment point. To convict a person of retail theft or shoplifting, the state must prove beyond a reasonable doubt that the act was done "knowingly." There are a variety of potential defenses to these charges, and people accused of shoplifting should be sure they are represented by a skilled criminal defense attorney.

At Issa Law, LLC, we have represented many people charged with retail theft who had innocently put something in a cart or pocket without any intention of stealing these items. Because the law requires the act to be "knowing," we can build defense strategies by demonstrating that alleged retail theft was not intentional. We can also help address issues related to the value of property that was allegedly stolen, ensuring that charges against a person are appropriate, and we can help negotiate agreements to have charges reduced or dismissed whenever possible.

Retail Theft Charges in Illinois

As mentioned above, retail theft may involve multiple types of actions in addition to pocketing merchandise and attempting to leave a store without paying. Illinois law outlines several specific actions that are considered retail theft, including:

• Taking Merchandise Without Payment: The most straightforward form of retail theft occurs when a person takes an item from a store without paying for it. Concealing merchandise and leaving a store is also referred to as shoplifting. Intent to deprive the merchant of the item's full value is a key element of this offense.
• Altering or Removing Price Tags: Changing the price tag on an item to pay a lower price or switching tags between items constitutes retail theft. This deceptive practice is considered theft because it deprives the retailer of the full value of the merchandise.
• Theft by Emergency Exit: Under Illinois law, using an emergency exit to commit retail theft is considered an aggravated offense. This is seen as a more severe crime due to the deliberate nature of using an exit intended for emergencies to avoid detection and escape quickly.
• Disabling Theft Detection Devices: Removing, disabling, or otherwise interfering with anti-theft devices, such as tags or sensors, is another form of retail theft. The intent is to steal merchandise by avoiding detection by security systems.
• Under-Ringing of Merchandise: This occurs when a cashier or a person using a self-checkout intentionally undercharges for an item, either by scanning it at a lower price or not scanning it at all. Both the cashier and the person receiving the merchandise can be charged with retail theft.

Penalties for Retail Theft in Illinois

In general, the severity of retail theft charges will depend on the value of the merchandise involved. Repeat offenders will face harsher penalties.

• Retail Theft Involving Merchandise Valued at $300 or Less: This offense is typically charged as a Class A misdemeanor, and a conviction may result in a sentence of up to 364 days in jail. A person who has previously been convicted of theft, retail theft, robbery, burglary, fraud, or forgery will face Class 4 felony charges, and they could be sentenced to between one and three years in prison. Probation or court supervision may be possible.
• Retail Theft Involving Merchandise Valued Over $300: The offense is a Class 3 felony, which may lead to a sentence of two to five years in prison. Probation may be possible in these cases, but court supervision will not be available.
• Theft by Emergency Exit: In cases involving merchandise valued at $300 or less, this offense is a Class 4 felony for a first offense and a Class 3 felony for a second offense. In cases where merchandise is worth more than $300, a person may be charged with a Class 2 felony, and they could be sentenced to between three and seven years in prison. Probation may be possible in these cases.
• Disabling Theft Detection Devices: This offense is typically charged as a Class A misdemeanor for a first offense or a Class 4 felony for a second or subsequent offense. Probation or court supervision may be possible.

Contact Our Tinley Park Retail Theft Attorney

If you or a member of your family are facing charges of retail theft or shoplifting, contact our firm to learn about your options for defense. Call 708-966-2408 to set up a consultation.