Your Retail Theft Defense Attorney in Illinois

Have you been charged with retail theft in the state of Illinois? Understanding your rights and options is crucial to protecting yourself and your future. Charges can range from misdemeanors to felonies, and a conviction could affect your life in ways you might not expect.

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When you're facing theft charges, Lofgren Legal offers unmatched support and legal guidance. Contact us today to schedule a case consultation. Attorney Niklas Lofgren has spent 10 years practicing criminal defense and is ready to fight for you.

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Understanding Retail Theft in Illinois

Illinois retail theft, or "shoplifting," laws cover more actions than many people realize. Under the Illinois retail theft statute (720 ILCS 5/16-25), committing this type of crime isn't just walking out of a store with unpaid merchandise. The law recognizes several different actions as shoplifting.

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What Qualifies as Retail Theft?​

• Taking merchandise without paying full retail value

• Removing, altering, or transferring price tags

• Moving merchandise from its original container to another container with the goal of depriving the merchant of full retail value

• Under-ringing items

• Removing shopping carts from a store premises

• Making false claims of ownership to exchange items with a merchant who actually owns said items in return for cash, store credit, or other assets

• Using or possessing any theft detection shielding device or theft detection device remover

• Failing to return leased property, or failure to pay the full retail value of property in accordance with a contract requiring such, within 10 days after written demand for return of the property

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Penalties Under Illinois Retail Theft Laws

The penalties of a retail theft conviction vary based on the circumstances of your case. Understanding potential consequences can help you grasp the seriousness of the charges you might be facing.

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Misdemeanor Charges

When stolen merchandise retail values at $300 or less (or $150 or less for motor fuel), you typically face a Class A misdemeanor charge. While a misdemeanor is less serious than a felony, the consequences can still dramatically impact your life. A conviction at this level can result in up to one year in jail and a fine reaching $2,500.

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Beyond these immediate penalties, a misdemeanor conviction creates a criminal record that follows you into the future, potentially limiting job opportunities and housing options. Many retailers also pursue civil penalties separate from the criminal case, demanding restitution exceeding the value of the allegedly stolen merchandise.

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Felony Charges

Retail theft charges can escalate to felony level under several circumstances. For example, using or having a theft detection shielding device, or theft detection device remover, is a Class A misdemeanor for a first offense. After the first offense, it increases to a Class 4 felony charge.

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Theft by emergency exit of property, the full retail value of which is $300 or less, is a Class 4 felony.

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If the stolen merchandise value is over $300 ($150 for motor fuel), you'll face Class 3 felony charges. Similarly, using an emergency exit during the theft elevates the offense to a Class 2 felony.

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Those with prior theft-related convictions face automatic felony charges, even for small-value incidents.

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Additionally, multiple thefts totaling over $300 within a one-year period result in a Class 3 felony charge. It does not matter if each separate theft was of lesser value. This becomes a Class 2 felony charge if convicted of theft by emergency exit.

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Stealing merchandise at a value of more than $100,000 is a Class 1 felony, one of the most serious offenses.

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The consequences of a felony shoplifting conviction are far-reaching and severe. Courts impose substantial fines, anywhere from $2,500 up to $25,000. Jail time usually ranges from one year up to seven years, though some circumstances can lead to longer terms. For example, a Class 1 felony charge can result in four to fifteen years in jail.

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The impact of a conviction extends well beyond the criminal justice system. Having a retail theft felony conviction on your record limits employment prospects, especially in positions involving financial responsibility or customer service.

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Housing applications can become more challenging, as well. You might lose out on educational opportunities, such as scholarships. Professional licenses and certifications could also be suspended or revoked, affecting your ability to work in a chosen field.

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Building Your Defense

Every retail theft case deserves a thorough defense strategy. As your shoplifting lawyer, Attorney Niklas Lofgren will examine every aspect of your case, including:

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The evidence against you, such as:

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• Store surveillance footage quality and completeness

• Witness statement consistency

• Property valuation accuracy

• Chain of custody for evidence

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Your lawyer will also review whether your constitutional rights were protected, looking at:

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• Whether proper detention procedures were followed

• If Miranda rights were properly administered

• If your right to counsel was observed

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Defense Strategies

Your attorney will use different defense strategies to lessen your charges or get them dropped completely. There are many defenses used in shoplifting cases, such as:

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• Lack of intent to steal

• Mistaken identity

• Unreliable witness accounts

• Improper valuation of merchandise

• Mental health considerations

• Owner consent

• Evidence of payment attempt

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Why Choose Lofgren Legal?

With unique insight from working at both the State's Attorney's Office and the Public Defender's Office, Attorney Niklas Lofgren brings valuable perspective to your case. His background includes:

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• 10 years practicing criminal defense

• A clear understanding of both prosecution and defense strategies

• History of successful case resolutions

• Understanding of local court systems

• Strong negotiation skills

• A broad range of experience, from handling minor charges to class X felony cases

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Legal Protection for Your Future

A theft charge doesn't have to define your future. When you contact our law firm, we take a proactive approach to defending your rights. We know that early intervention often leads to better outcomes. We will strive to:

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• Get charges reduced or dismissed

• Negotiate alternative sentencing

• Pursue first-time offender programs

• Minimize long-term consequences

• Protect your employment prospects

• Keep your record clean

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Contact Lofgren Legal Today

If you've been accused of committing retail theft in Illinois, don't wait to build your defense. Contact Lofgren Legal today for a confidential consultation. Our shoplifting attorney will review your case, explain your options, and help you understand the best path forward.​

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The information provided on this page is for general information purposes only and should not be considered legal advice. Every case is unique and requires individual analysis by a qualified attorney.