What Are the Penalties for Retail Theft in Illinois?
In Illinois, retail theft is a crime that can have serious consequences. Whether you're accused of shoplifting a small item or involved in a larger theft scheme, understanding the potential penalties and the legal intricacies is crucial. This article will provide a detailed overview of the penalties for retail theft in Illinois, helping you grasp the gravity of the charges and the importance of seeking proper legal assistance if you're facing such accusations.
What is Retail Theft in Illinois?
Retail theft in Illinois involves taking merchandise from a store with the intent to permanently deprive the retailer of its property. Store security personnel have the right to detain suspects in a reasonable manner and for a reasonable length of time. However, they do not have the same legal limitations as police officers. If detained by store security, remember that you are not under arrest unless the police are involved.
Criminal Penalties for Shoplifting
Many people ask the question, “is retail theft a misdemeanor or felony in Illinois?” The answer to that question depends on the value of the items that were allegedly stolen, as well as other circumstances surrounding the crime. Here is a breakdown of the potential criminal penalties for retail theft in Illinois:
- Class A Misdemeanor: Shoplifting property with a total combined value of $300 or less can result in fines up to $2,500 and up to one year of imprisonment.
- Class 4 Felony: If the theft involves property valued at $300 or less but is executed via an emergency exit, or if the convicted person has prior theft convictions, the penalty increases to fines up to $25,000 and between one and three years of imprisonment.
- Class 3 Felony: Shoplifting property valued over $300 in a single transaction or in separate transactions over a period of one year can result in fines up to $25,000 and between two and five years of imprisonment.
- Class 2 Felony: Shoplifting property valued over $300 using an emergency exit can lead to fines up to $25,000 and between three and seven years of imprisonment.
| Value of Property | Classification | Penalties |
|---|---|---|
| $300 or less | Class A Misdemeanor | Fines up to $2,500 and up to one year of imprisonment |
| $300 or less, via emergency exit, or with prior convictions | Class 4 Felony | Fines up to $25,000 and between one and three years of imprisonment |
| $300 or less, via emergency exit, and with prior convictions | Class 3 Felony | Fines up to $25,000 and between two and five years of imprisonment |
| More than $300 in a single transaction or over a year | Class 3 Felony | Fines up to $25,000 and between two and five years of imprisonment |
| More than $300 in a single transaction or over a year, via emergency exit | Class 2 Felony | Fines up to $25,000 and between three and seven years of imprisonment |
Legal Defense to Illinois Retail Theft
Facing retail theft charges can be daunting, but seeking the help of an experienced Illinois retail theft attorney is crucial. At Maksimovich & Associates, P.C., we specialize in criminal defense law and can help you achieve the best possible outcome if you are facing retail theft charges.
Alternatives to Conviction
There are alternatives to conviction that may be available to those charged with retail theft:
- Court Supervision: This involves a period of good behavior, leading to a non-conviction if the terms are met. Expungement or sealing of the record can be requested five years after supervision ends.
- Deferred Prosecution: Completing a theft-deterrent program or community service may result in the dismissal of charges and immediate expungement of the record.
- Dropped Charges: Violations of a suspect’s rights by the store or police can lead to inadmissible evidence and potentially dropped charges.
Charged With Retail Theft?
A criminal record for retail theft can severely impact your life. If you face retail theft charges, hiring a criminal defense attorney experienced in handling retail theft charges is essential. For more information, contact us today to schedule a free consultation regarding your case.
