Yes, shoplifting can be charged as a felony in Illinois, and the Law Offices of Andrew Weisberg can help you protect your future. Even a small mistake at a store can lead to serious legal trouble that follows you for years.

If you were stopped or arrested for shoplifting, talk to a Chicago, IL criminal defense lawyer at the Law Offices of Andrew Weisberg. Getting legal help now can make a real difference in how your case plays out.

What Is Shoplifting Under Illinois Law?

In Illinois, shoplifting is called retail theft under 720 ILCS 5/16-25. It includes taking items without paying, hiding them, switching price tags, or removing security devices.

It doesn’t matter if the item is small or large, if it’s taken without permission, you could face charges. If this sounds like your situation, talking to a Chicago retail theft lawyer right away can help protect your rights.

When Does Shoplifting Become a Felony in Illinois?

Shoplifting becomes a felony depending on the value of the items stolen or where the theft happens. If the total value is over $300, the charge can be a Class 3 felony. Stealing from schools, churches, or government buildings can also lead to felony charges, no matter the value. Even if the stolen amount is less than $300, previous theft convictions can bump your charges to felony level.

Penalties for Felony Shoplifting Charges in Illinois

Felony shoplifting in Illinois can lead to:

• 2 to 5 years in prison
• Fines up to $25,000
• A permanent criminal record

These penalties can affect your future, making it harder to find jobs, housing, or even qualify for certain licenses. A Chicago criminal defense lawyer can help you try to avoid these long-term consequences.

How Prior Convictions Affect Shoplifting Charges in Illinois

If you have previous theft-related convictions, Illinois law treats new shoplifting charges more harshly. Even smaller theft amounts could lead to felony charges because of your criminal history.

This makes it essential to work with an experienced Chicago criminal defense attorney who understands how to handle repeat offenses.

Common Defenses to Felony Shoplifting Charges

There are several defenses that might apply to your case, such as:

• You didn’t intend to steal
• The evidence was not legally obtained
• It was a case of mistaken identity
• You were accused unfairly or without enough proof

If you’re unsure which defense fits your situation, a skilled Chicago criminal defense lawyer at the Law Offices of Andrew Weisberg can explain your options and help build a strong defense.

What To Do If You’re Charged With Felony Shoplifting in Chicago

If you’re charged with felony shoplifting, the first thing to do is stay calm. Don’t answer questions or give statements to the police without a lawyer present. Instead, write down everything you remember about what happened as soon as you can.

Most importantly, contact a Chicago retail theft attorney at the Law Offices of Andrew Weisberg right away. The sooner you get experienced legal help, the stronger your defense will be.

Contact a Chicago Criminal Lawyer Today For Free Consultation

If shoplifting charges are threatening your future and causing you worry, don’t face this difficult time alone. You deserve a strong defense and a Chicago criminal attorney who truly cares about protecting your rights.

Call the Law Offices of Andrew Weisberg at (773) 908-9811 or contact us online today. We are here to defend your rights and preserve your freedom, because your future matters.

Shoplifting in Illinois comes with significant legal consequences if you are found guilty. Whether it’s taking merchandise without paying or altering price tags, shoplifting comes with a range of adverse penalties that can have lasting impacts on your life and the lives of your loved ones.

This blog post will explore the shoplifting laws in Illinois, the penalties for violating these laws, and the broader implications of committing this crime.

Shoplifting Laws in Illinois

In our state, shoplifting is categorized under theft laws, specifically the Illinois Compiled Statutes (720 ILCS 5/16-25). The law defines shoplifting as knowingly taking possession of, carrying away, transferring, or causing to be carried away or transferred any retail merchandise to deprive the merchant of the total retail value.

Shoplifting can take several forms, including:

Concealing Merchandise. Hiding items with the intent to steal.

Switching Price Tags. Altering the price tag means paying less for an item.

Removing Security Devices. Tampering with or removing security tags to avoid detection.

Using a Device. Employing a tool or device to facilitate theft, such as a booster bag.

Penalties for Shoplifting in Illinois

The severity of penalties for shoplifting in Illinois depends on the value of the stolen merchandise and the offender’s prior criminal record. An accusation of serial shoplifting can also impact the charges and penalties you face. The state classifies theft crimes based on the value of the stolen items, with penalties increasing as the value increases.

Theft of Merchandise Valued at $500 or Less – Class A Misdemeanor

If the value of the stolen merchandise is $500 or less and the offender has no prior theft-related convictions, the crime is classified as a Class A misdemeanor. The penalties for a Class A misdemeanor include up to 364 days in jail and a fine of up to $2,500.

Theft of Merchandise Valued Between $500 and $10,000 – Class 3 Felony

If the value of the stolen merchandise is between $500 and $10,000, the crime is considered a Class 3 felony. This is especially applicable if the offender has a prior theft-related conviction. Penalties include 2 to 5 years in prison and fines up to $25,000.

Theft of Merchandise Valued Between $10,000 and $100,000 – Class 2 Felony

If the value of the stolen merchandise falls between $10,000 and $100,000, it is classified as a Class 2 felony. Penalties for a Class 2 felony include 3 to 7 years in prison and fines up to $25,000.

Theft of Merchandise Valued Over $100,000 – Class 1 Felony

Shoplifting merchandise valued over $100,000 is a Class 1 felony, one of the most severe categories. Penalties include 4 to 15 years in prison and fines up to $25,000.

Aggravating Factors

Certain factors can elevate the severity of shoplifting charges, leading to harsher penalties. For example, If the offender uses an emergency exit to commit theft, the crime is upgraded to a felony, regardless of the merchandise’s value.

Involvement in a coordinated effort to steal merchandise, such as being part of a shoplifting ring, can also lead to more severe charges.

Civil Penalties

In addition to criminal penalties, Illinois law allows retailers to seek civil damages from individuals caught shoplifting. Under the Illinois Civil Liability Law (720 ILCS 5/16A-7), retailers can demand payment for the stolen merchandise’s value, plus additional damages up to $1,000 and attorney fees.

Long-Term Consequences

Beyond fines and imprisonment, a shoplifting conviction can have lasting consequences. A criminal record can hinder employment opportunities, affect housing applications, and limit access to certain professional licenses. For minors, a shoplifting conviction can also impact educational opportunities and scholarships.

In short, in Illinois, shoplifting is a crime with significant legal and personal consequences. Whether it involves a minor item or something of substantial value, the penalties are severe and can have long-lasting effects on one’s life. Understanding the laws and consequences is crucial for anyone facing charges and looking to fight back.

Shoplifting and retail theft pose significant challenges for businesses in Chicago, with legal consequences that can impact individuals and establishments. In this blog, we will explore the legal landscape of shoplifting in Illinois, specifically Chicago, shedding light on the potential consequences individuals may face. Additionally, we will discuss practical advice for businesses to prevent retail theft and delve into effective defense strategies that criminal lawyers can employ to protect the rights of those facing charges.

Legal Consequences of Shoplifting in Chicago

Shoplifting, also known as retail theft, is a criminal offense in Illinois, governed by the Retail Theft Act (720 ILCS 5/16-25). The severity of the offense and the corresponding legal consequences depend on the value of the stolen property. Here is a breakdown of the potential charges an individual may face: If the stolen property is valued at less than $300, the offender may be charged with a Class A misdemeanor. This charge can result in up to one year in jail and fines of up to $2,500. When the stolen property is valued between $300 and $10,000, the offense is elevated to a Class 4 felony. A conviction may lead to a prison sentence of one to three years and fines of up to $25,000. If the stolen property is valued at $10,000 or more, the charge becomes a Class 3 felony. Penalties for a Class 3 felony include a prison term ranging from two to five years and fines of up to $25,000.

Preventing Retail Theft: Practical Advice for Businesses

Businesses in Chicago can take proactive measures to prevent shoplifting and protect their assets. A comprehensive loss prevention strategy can significantly reduce the risk of retail theft. Here are some practical tips for businesses: Train staff to recognize signs of potential shoplifting, such as unusual behavior or suspicious activity. Providing employees with the tools to address these situations discreetly can prevent theft.

Invest in high-quality surveillance systems to monitor key areas of the store. Visible cameras can act as deterrents, while hidden cameras can capture evidence that may be crucial in identifying and prosecuting shoplifters. Ensure that all store areas are well-lit, leaving no dark corners where shoplifters may go unnoticed. Adequate lighting deters theft and enhances overall safety for customers and employees. Employing trained security personnel can provide a visible deterrent and an immediate response to potential incidents. Their presence alone may discourage individuals from attempting theft.

Defense Strategies for Individuals Facing Charges

When individuals face charges of shoplifting or retail theft, it is crucial to seek the guidance of an experienced criminal defense lawyer. A strong defense strategy can significantly affect the outcome of the case. Here are key defense strategies One common defense is to argue that the accused had no intention to steal and that the act resulted from misunderstanding or absent-mindedness. In some cases, individuals may be wrongly accused due to mistaken identity. This defense strategy involves presenting evidence that the accused was not the person involved in the alleged theft. If the accused confessed, the defense may challenge its admissibility by demonstrating that it was obtained under duress or coercion. If the evidence was obtained through an illegal search or seizure, it may be possible to have it excluded from the case. This defense strategy hinges on protecting individuals’ Fourth Amendment rights against unreasonable searches and seizures.

Importance of Experienced Criminal Defense Representation

Building a strong defense requires the expertise of an experienced criminal defense lawyer. A knowledgeable attorney can assess the case details, identify weaknesses in the prosecution’s argument, and develop a strategic defense tailored to the individual circumstances. The legal system can be complex, and having a skilled advocate can significantly improve the chances of a favorable outcome.

Shoplifting & Retail Theft Defenses in Chicago

Shoplifting and retail theft present serious legal consequences in Chicago, ranging from misdemeanors to felonies depending on the value of stolen property. Businesses can proactively prevent theft, but individuals facing charges require strong legal representation. A skilled criminal defense lawyer can employ various defense strategies, such as challenging intent, establishing mistaken identity, questioning confessions, or challenging the legality of evidence. The importance of seeking legal counsel cannot be overstated, as it plays a crucial role in protecting individuals’ rights and navigating the complexities of the legal system.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Being accused of shoplifting can be a distressing and humiliating experience. If you find yourself in this unfortunate situation, staying calm and taking the proper steps to protect your rights and clear your name is essential. Wrongful accusations can happen for various reasons, including simple misunderstandings, faulty security systems, or even intentional false reports.

Remain Calm and Composed

Upon being accused of shoplifting, feeling upset, anxious, or angry is natural. However, it is crucial to remain calm and composed throughout the encounter. Losing your temper or reacting aggressively can only exacerbate the situation and potentially lead to further complications. Take a deep breath, collect your thoughts, and approach the situation rationally and level-headedly.

Cooperate with Store Staff

If store personnel approach you regarding the alleged shoplifting incident, cooperate with them politely. Refrain from sudden movements or attempting to leave the premises without addressing the matter. Be prepared to explain your innocence calmly and respectfully, providing any necessary information that may help clarify the situation.

Do Not Resist Detainment

Store security or staff may sometimes detain you while investigating the alleged shoplifting incident. It is crucial not to resist detainment, as doing so can lead to legal trouble and make the situation more complicated. However, it is essential to understand your rights during detainment and not make self-incriminating statements.

Understand Your Rights

As an individual accused of shoplifting in Illinois, you have certain rights protected by the law. These rights include the right to remain silent and legal representation. Exercise these rights if you feel your words might be misinterpreted or used against you. Inform the store staff that you wish to remain silent until you consult an attorney.

Seek Legal Representation

If you’re wrongly accused of shoplifting, seeking legal representation as soon as possible is in your best interest. An experienced criminal defense attorney can protect your rights, guide you through the legal process, and advocate. They will thoroughly investigate the incident, collect evidence, and build a strong defense to prove your innocence.

Gather Evidence

While your attorney will handle the bulk of evidence gathering, you can also assist by recalling any relevant details about the incident. Identify any witnesses who were present during the alleged shoplifting and may have seen the events unfold differently. Additionally, if you have any receipts or other proof of purchase, keep them handy to support your case.

Cooperate with Law Enforcement

If the situation escalates, and law enforcement becomes involved, it is essential to cooperate with them while asserting your rights. Provide the necessary information and details about the incident, but avoid volunteering information that may be used against you. Reiterate your desire to remain silent until you have spoken with your attorney.

Avoid Making Public Statements

In today’s digital age, being cautious about making public statements or posting about the incident on social media is essential. Any statements you make, even seemingly innocuous ones, could be used against you in legal proceedings. Instead, discuss the situation only with your attorney to protect your rights and interests.

Stay Compliant with Legal Proceedings

If charges are filed against you, stay compliant with all legal proceedings. Attend all court hearings and meetings with an attorney. Demonstrating your willingness to cooperate can positively impact your case and reflect favorably on your character.

Consider Filing a Civil Lawsuit

If you were wrongly accused of shoplifting due to negligence or malicious intent by the store or its personnel, you may have grounds for a civil lawsuit. Consult with your attorney to determine if pursuing a civil claim for damages is a viable option in your case. Being wrongly accused of shoplifting is a distressing experience, but with the right approach and legal representation, you can protect your rights and clear your name. Staying calm, cooperating with store staff, understanding your rights, seeking legal counsel, and gathering evidence are all crucial steps to ensure a fair resolution. If you find yourself in this unfortunate position, do not hesitate to consult with an experienced criminal defense attorney who can guide you through the legal process and work to establish your innocence. Being wrongly accused does not define your character, and with the right legal support, you can navigate this challenging time and emerge with your reputation intact.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Shoplifting can be a severe offense in Illinois, especially if you get accused of committing the crime multiple times. If you have to get accused of serial shoplifting, it is essential to understand the charges against you and your legal options. This blog post will provide an overview of serial shoplifting in Illinois and what you can do if facing these charges.

What is Serial Shoplifting?

Serial shoplifting describes stealing merchandise from a retail store on multiple occasions. The number of times you must steal to be considered a serial shoplifter can vary depending on the jurisdiction and the prosecutor handling the case. In Illinois, you may be charged with retail theft if you take possession of merchandise from a store with the intent to deprive the retailer of the merchandise’s value permanently. Serial shoplifting can be a misdemeanor or a felony, depending on the value of the stolen items. If the total value of the stolen merchandise is less than $300, you may get charged with a Class A misdemeanor. However, if the value of the stolen items exceeds $300, you may be charged a Class 3 or Class 4 felony.

Penalties for Serial Shoplifting in Illinois

If you get convicted of serial shoplifting in Illinois, the penalties can be severe. A Class A misdemeanor can result in up to one year in jail and a fine of up to $2,500. A Class 3 or Class 4 felony can result in up to five years in prison with fines of up to $25,000. In addition to these criminal penalties, you may face civil penalties, such as being sued by the retailer for damages.

Defenses to Serial Shoplifting Charges

If you get accused of serial shoplifting, there are several defenses that you may be able to use to fight the charges against you. One common defense is to argue that you did not intend to deprive the retailer of the merchandise’s value permanently. For example, if you took an item by mistake or intended to return it later, you may be able to argue that you did not have the intent to steal. Another possible defense is to challenge the identification of the alleged thief. In some cases, the retailer may not have a clear view of the person who stole the merchandise, or they may have misidentified the defendant. If the identification of the defendant is questionable, it may be possible to argue that the prosecution has not met its burden of proof.

What to Do If You Are Facing Serial Shoplifting Charges

If you get accused of serial shoplifting in Illinois, it is important to take the charges seriously and to seek legal representation as soon as possible. A criminal defense attorney can review the facts of your case and determine the best defense strategy for your situation. Your attorney may be able to negotiate a plea deal with the prosecution or fight the charges at trial. In addition to seeking legal representation, it is essential to take steps to address any underlying issues that may be contributing to your behavior. For example, if you have a substance abuse problem, seeking treatment may help you avoid future criminal charges. Serial shoplifting is a severe offense in Illinois that can result in significant penalties if you are convicted. If you have to get accused of serial shoplifting, it is necessary to understand the charges against you and to seek legal representation as soon as possible. A criminal defense attorney can help you understand your options and work to minimize the consequences of a conviction.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

When most people think of the holidays, they think of time spent with loved ones as they exchange gifts and eat copious amounts of decadent food! Or perhaps it’s a time of the year when you take some much-needed time off to relax before the new year begins.

Whatever the holiday season means to you, one thing is true in Illinois and across the country: Certain crimes see an increase. These holiday crimes mostly center around property and theft crimes, which makes sense since so many people travel away from their homes.

What are the most common property and theft crimes this time of the year, and what penalties can a person face if convicted of perpetrating one? Read on to find out all you need to know in case you get caught up in these common holiday crimes.

Shoplifting

During the holiday season, stores are typically packed with people shopping and large displays of merchandise meant to entice people to buy. These factors add up to an increase in shoplifting crimes during the season.

Shoplifting in Illinois is possessing merchandise you have not paid for. This crime results in depriving the business of the merchandise permanently. Of course, it’s not simply taking the merchandise without paying for it that counts as shoplifting. So does removing the price tag, altering it in some way, or switching it with another so that you pay a lower price. Removing a device for theft prevention or falsely attempting to return or exchange items can also count.

The penalties for shoplifting in Illinois can vary. It depends on the value of the merchandise the person is accused of stealing. Merchandise worth less than $300 may only result in a Class A misdemeanor, but theft of items worth more than that can be a Class 3 felony. And other factors can play in, too, such as using an emergency exit to take the merchandise from the store – which is a Class 2 felony.

Burglary

With so many people away from their homes this time of the year and leaving behind expensive gifts and merchandise, it’s no wonder that an increase in burglary crimes follows suit.

In Illinois, anyone who enters another’s dwelling without permission and intends to commit another crime upon entry, such as theft, is committing burglary. That’s why you may often see burglary and other theft charges.

Generally, residential burglary in Illinois is a Class 2 felony, but it can be elevated to a Class 1 felony if a personal residence is involved. If convicted of a Class 1 felony, you can spend up to 15 years behind bars for the crime.

Credit Card Fraud

With increased online shopping and using credit cards in person during this time of the year, credit card fraud is too common. This crime can occur in several ways, such as posing the debit or credit card information of someone else with the intent to defraud them, possessing a mislaid or lost card, using a card to commit fraud, and signing the card of another person with the intent to defraud, among many others.

Most cases of credit card fraud in Illinois are classified as at least Class 4 felonies. These crimes are punishable by up to three years behind bars with fines of up to $25,000. Many credit card fraud charges will result in Class 3 or even Class 2 felonies. A Class 3 felony in the state is penalized by as many as five years imprisonment, while Class 2 felonies can result in up to seven years behind bars.

Package Theft

With all those boxes delivered to homes across the state, it’s easy to see how package theft sees a real uptick this time of the year. Before you get into trouble, knowing what package theft can do to your future is a good idea.

Taking a package that doesn’t belong to you from someone else’s porch or mailbox can result in either a misdemeanor or felony charge, depending on the value of the contents of the package. They’ll likely charge a misdemeanor if the value exceeds $500. But if it’s more than that, or multiple packages stolen that add up to more than $500, then it can be a Class 3 felony. Steal packages worth more than $10,000, and you’re looking at a Class 2 felony charge.

About the Author: Andrew M. Weisberg is a former felony prosecutor serving as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

There are some stories that make a lot of headlines – and the “smash and grab” or “flash mob” retail theft crimes that have been occurring in Chicago and across Illinois are headlines you may have noticed over the last few years.

Organized retail theft is on the rise, but a new bill just signed into law by the Governor aims to help curb this practice and provide better legal guidelines to fight against it.

Here’s what you need to know about organized retail theft in Illinois and what this new bill will do to help in the fight against it.

What Is Organized Retail Theft?

Organized retail theft occurs when those who are considered to be professional shoplifters work with other professionals to steal from a store. The people who perpetrate organized retail crime work in teams. Some may help to distract the store employees while others steal the goods within the store. In many cases, these teams of thieves are working under the orders of a leader who is directing them in where to go and what to steal.

You may also see organized retail theft at work when large groups of people rush into a store and steal, even when other customers and employees are inside. These flash mobs create a situation where there is a lot of chaos, which makes the crime easier to perpetrate.

Perhaps one of the most notable examples of this type of theft occurred in December in Oak Brook, when a large group of people, about 14, rushed into a Louis Vuitton store and made off with $120,000 in stolen goods.

The INFORM Act

The new bill signed into law, HB 1091 which is also called the INFORM Act, seeks to penalize those who are organizing the crime and making profits from it – not to more harshly punish those who may join in the schemes, because they are desperate for money.

The penalties under this new law include:

Class 3 Felony

This will be charged when someone knowingly engages with other people in a theft that is valued at $300 or more.

This can be penalized by as much as five years in prison, as well as one year of mandatory supervised release. It is possible for someone convicted of a Class 3 felony to instead serve probation, but that probation term can last for up to 30 months.

Class 2 Felony

This will be charged when someone commits retail theft at one or more establishments.

A Class 2 felony is punishable by up to seven years behind bars and requires as much as two years of mandatory supervised release. The judge can also impose up to four years of probation for a Class 2 felony.

What is most notable about this new Act is that it allows prosecutors to charge others with theft, conspiracy, and selling of stolen goods who may not have directly perpetrated the theft. In other words, the entire crime from planning to the selling of stolen goods can now be prosecuted under Illinois state law, something that was not possible under the existing laws of the past.

This new law may help to prosecute organized theft crimes and support retailers in the long run. However, it also creates new charges which people may not understand how to navigate if they are charged. That’s why having an experienced attorney on your side can help.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Being accused of a crime like shoplifting in Illinois can be jarring. But once you’re over the initial shock, what do you do? Do you run from the store? Do you comply and answer all of their questions? Do you demand the store to call the police so you can clear your name?

Each person may respond differently to a shoplifting accusation, both in good and bad ways. But it’s important for every person to understand what their rights are in this situation. It helps to know what you can do at that moment to help reduce the trouble for yourself later.

Here’s what you need to know about your rights if accused of shoplifting and the steps you should take in the aftermath.

Your Rights if Accused

If a security guard or worker approaches you in a store and accuses you of shoplifting, there are a few important things to know.

First and foremost, the employees of the store do have the right to stop you, and they can do so before you leave the store. In fact, under the law in Illinois, store employees are allowed to detain you if they believe on reasonable grounds that you have shoplifted.

However, the store can only detain you for a necessary length of time and in an appropriate manner. This means they can stop you long enough to:

• Ask for identification
• Ask if you are in possession of unpurchased merchandise
• Contact the police and wait for their arrival
• Contact the parents of the accused, if they’re a minor

If a security guard detains you, they are not required to read you your rights before questioning you. If a minor is suspected, the store does not have to wait for their parents to question them, either.

Of course, you always have the right to remain silent, whether those rights are read to you or not. An attorney would suggest you not speak to police or security without a lawyer present.

What Happens if You’re Accused of Shoplifting?

Several actions can take place if a store employee stops you and accuses you of shoplifting. They can call the police and have charges pressed against you.. They can sue you in civil court for the value of the merchandise. They can also prohibit you from returning to the store.

What Are the Legal Consequences of Shoplifting

If you are accused of shoplifting and eventually found guilty, you can face penalties. The penalty depends on the value of the items for which you were convicted of shoplifting.

Class A misdemeanors start at items valued at $300. That conviction can put you in jail for up to one year. As the value of the items stolen increased, so do the penalties. This goes all the way up to a Class 2 felony, which can send you to jail for as many as seven years.

Being accused of shoplifting is serious, which is why it’s vital to understand your rights in this situation. Remember, you never have to answer questions, even for police, without a lawyer present.

It may be better to not say anything at all until you’ve been advised by an attorney. This is the biggest piece of advice to keep in mind.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Some people assume that shoplifting is a minor crime. However, in Illinois, it’s anything but. Illinois has some of the harshest shoplifting laws on record. It’s all too easy for a momentary lapse of judgment to lead to serious felony charges.

That’s just what happened to one Illinois man recently. He is now facing five felony charges for allegedly stealing a few bottles of body wash, nails, lotion, and hand sanitizer from a Walgreens.

While he has a previous shoplifting conviction on record, it was from 2004. Today, he is at risk of becoming a convicted felon because of the theft of a few common toiletries.

Current Illinois Shoplifting Laws

Illinois is one of just a few states that have specific criminal convictions for shoplifting, otherwise known as retail theft. Most other states incorporate shoplifting into their general theft laws. As a result, Illinois is one of the few places where shoplifting can quickly become a felony offense.

Shoplifting in Illinois is defined as intentionally depriving a merchant of the full retail value of their product. This can include anything from simply taking products without paying for them to using false coupons.

It’s even possible to be charged simply for intending to steal from the business without successfully removing any merchandise.

Two Penalty Levels for Shoplifting in Illinois

There are two general penalty levels for shoplifting in Illinois: penalties for stealing less than $300 and penalties for stealing more than $300.

Stealing less than $300 from a business is considered a Class A misdemeanor in Illinois for a first offense. This can lead to up to a year in prison and fines up to $2500. However, shoplifting less than $300 can be elevated to a felony for two reasons.

First, if the goods are stolen by leaving a store through an emergency exit, the crime becomes a Class 4 felony. Second, if the alleged theft is a second or subsequent offense for retail theft, it’s also considered a Class 4 felony. That can lead to up to 3 years in prison, fines of up to $25,000, and permanent status as a convicted felon.

The Illinois man who is now facing multiple felony charges fell under that second exception. For stealing less than $50 worth of toiletries, he could be facing years in prison.

Stealing more than $300 through retail theft is also considered a felony. In this case, it’s a Class 3 felony, carrying up to 5 years in prison and $25,000 in fines.

Stealing more than $300 worth of products through an emergency exit is considered a Class 2 felony, the second-most serious level of crime in Illinois, and can lead to up to 7 years in prison.

The Potential for Legislative Change

While these penalties sound harsh, there may be a change coming. Slowly but surely, a bill is being moved through the Illinois legislature that’s intended to lower penalties for retail theft.

This bill is intended to raise the threshold for felony charges for retail theft, and more appropriately applying penalties for the crime. A second offense would not necessarily be considered a felony. The threshold for felony charges would be raised to $1,000 instead of $300.

All told, this change is not here yet. Currently, a second offense retail theft charge carries the same penalties as aggravated assault, which is patently unfair to everyone.

If you have been accused of shoplifting, you’re facing serious trouble. Your first step should be to reach out to a qualified Illinois defense attorney to defend yourself from unjust charges and penalties.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

The holidays are upon us, meaning that the mail is overloaded with packages of all kinds. During this hectic time of year, it’s not unusual to receive packages that aren’t addressed to you.

In some cases, it’s not even possible to return the package to its intended recipient. So in this case, what do you do with this unwanted item?

If the item happens to be worth some money, you might be tempted to return it to a local retailer for the cash or store credit. Good idea, right?

Illinois Law Says Returning a Misdelivered Item is Shoplifting

So, you head on down to a local retailer to try this, but the clerks keep giving you weird looks and disappearing. Then a big guy in a security uniform comes out and tells you to follow him. What’s happening? He says you’re accused of shoplifting.

What? You didn’t take anything from the store. You brought items into the store! How is this possible, you ask?

Unfortunately, under Illinois law, the blanket term of shoplifting describes a number of criminal behaviors. Returning an item to a store where you didn’t buy it in an attempt to collect cash or store credit is a form of shoplifting.

Surprised? Most people are. In fact, it’s completely possible for an otherwise law-abiding citizen to commit shoplifting without being aware that they were doing anything illegal.

Because of this, we’ve put together a guide covering the acts that constitute retail theft in Illinois, the penalties you could face if convicted, and how you can defend yourself if you’re accused of retail theft this holiday season.

Six Acts that Constitute Retail Theft in Illinois

Illinois has extensive criminal statutes covering retail theft specifically, which explicitly describe the acts that can be considered retail theft.

Under Illinois law, the following acts are considered retail theft:

Taking Merchandise without Paying

This the act that most people think of as shoplifting. This can happen whether you hide the item in your purse, leave it in your cart at checkout, or simply walk out without paying for it.

Tampering with Price Tags or Other Labels

Switching the price tags of a more expensive item with that of a lower priced item, or manipulating any labels used by the store (for example clearance stickers), is a crime. It is viewed as an attempt to pay less than the true value of the item.

Switching Merchandise from One Container to Another

Similar to price switching, some shoplifters move more expensive merchandise from the original packages into the packaging of a less expensive items. This is an attempt to pay a lower price for the higher-cost item.

Return Scams

As we highlighted above, attempting to return an item to a store where you didn’t buy it constitutes retail theft. Thieves commonly steal merchandise from one store and attempt to return it to another.

Keeping Merchandise Past Lease Expiration

If you rent an item from a retail store, you can be charged with retail theft for failing to return the item.

Defeating Anti-Theft Devices

Tampering with or otherwise disarming anti-theft devices in a retail store can also land you shoplifting charges. Often offenders will go into dressing rooms for a more private place to tamper with (or remove) the devices.

In many cases, you don’t even need to attempt to steal an item for the charges to apply. For example, if you’re caught price tag switching, you’ll face charges even if you never bring the item in question to the register.

Illinois Shoplifting Sentencing and Penalties

Shoplifting charges are prosecuted based on the total value of the merchandise allegedly shoplifted, and certain circumstances surrounding the offense. Essentially the threshold between lower-level sentencing depend upon the following factors:

• Whether or not the items taken were more or less than $300 value
• Whether an emergency exit was used
• Whether the offender has prior charges or convictions

Prison terms range between one and seven years based on those factors, and fines can run from $2,500 to $25,000. Talk to an experienced Illinois criminal defense attorney to better understand the consequences you could face based on the specifics of your case.

Defending Yourself Against Retail Theft Charges

Clearly, retail theft charges are nothing to mess around with. Under certain circumstances, you could face felony-level charges – even for a first-time offense.

Common Defense Strategies

Fortunately, there are many defense strategies that could be used to help your case:

• Mistake of fact
• Lack of intent
• Entrapment
• Return of property
• Impaired mental state

Options Beyond Trial

If the evidence against you is strong, or your attorney otherwise advises you not to take the case to trial, you still have options:

• Pretrial diversion programs for first-time offenders, in which the charges are dropped upon successful completion of the program
• Plea bargaining with the prosecution, which involves entering a guilty plea in exchange for less-severe charges and/or sentencing

No matter what the case, if you are facing shoplifting charges, it is in your best interest to respond quickly and proactively to minimize your chance of long-lasting criminal consequences.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Were you aware that shoplifting as little as $300 in merchandise is an automatic felony punishable by 2-5 years in prison? That’s an easy sum to reach these days — a couple of shirts and a nice bag, really.

Additionally, regardless of the value of items allegedly shoplifted, a second or more offense is also considered a felony.

Fortunately, shoplifting charges do not equate to a conviction. Depending on the specifics of your case, there are a number of defense strategies that could be used to get your charges dropped or reduced, or win you an acquittal at trial.

Let’s take a look at common defense strategies, and what you can do to fight back if you’re facing shoplifting charges.

How an Illinois Prosecutor Can Secure a Shoplifting Conviction

In order to successfully convict you of shoplifting, the prosecution must prove that you:

• Were witnessed approaching the allegedly shoplifted merchandise while in the store
• Physically handled the item
• Carried the item away, attempted to conceal the item, or engaged in price tag or package switching
• Did not pay for the item, or did not pay the item’s full value
• Were approached by store security after passing by the last opportunity to pay for the item

Common Defenses Against Shoplifting Charges in Illinois

Your defense attorney will look at each of the criminal elements above, and find ways to bring them under question. This could lead to your charges being dropped, or an acquittal. Below are some of the most common strategies.

Inadequate Evidence

Proving all of the elements we touched on above is frequently a tall order for the prosecution. If there is insufficient evidence to prove your guilt beyond a reasonable doubt, this would be a valid case for inadequate evidence.

Lack of Intent

In order for an offense to constitute shoplifting, it must be committed intentionally.

The element of intent can be hard for prosecutors to prove, and in Illinois shoplifting cases, the court can only infer intent if there is evidence that you:

1. a) concealed the merchandise, and/or
2. b) removed the merchandise beyond the last station for receiving payments.

The lack of intent defense can be used if you’re apprehended by store security before passing the last cash register or payment station. For example, even if you are concealing an item, you could have intended to pay for it before leaving the store.

Mistake of Fact

Sometimes, store security is simply wrong. You could be wrongfully apprehended for shoplifting for any of the following reasons:

• You were targeted due to a mistake
• Your identity was mistaken with that of someone else
• Store security misinterpreted what you were doing
• Racial profiling or other forms of discrimination

In these cases, store security guards might not want to admit their mistake, as they could be afraid of getting fired. In some cases, the store may be afraid to admit a mistake for fear of being sued.

A good defense attorney will be able to pick up on these mistakes and use calculated cross-examination of the prosecution’s witnesses to make a strong case for mistake of fact.

Mental Illness

Shoplifting is often a compulsion linked to mental illnesses such as depression and anxiety. The act of shoplifting triggers a “rush” of dopamine in the brain that temporarily makes people feel happier and more content.

If you have a history of mental illness or have sought care from a mental health provider for any reason, be sure to inform your defense attorney and collect documentation of your mental health problems.

Arguing that you were compelled to commit the act of shoplifting by an underlying shoplifting addiction or mental illness could be helpful in plea bargaining.

Illinois Plea Bargaining and Diversion Programs

Often times, store surveillance systems, anti-theft technology, and security personnel are able to provide indisputable evidence that the offense of shoplifting occurred. In these cases, your best bet may be plea bargaining or diversion programs.

Pre-Trial Diversion

If you are a first-time offender and are facing misdemeanor shoplifting charges, you may be eligible for an Illinois diversion program such as “Theft School.” If you successfully complete a pretrial diversion program, the charges against you will be dropped.

Second Chance Probation

If you are a first-time offender and have been charged with felony retail theft, you may be eligible for Second Chance Probation. This program lasts for at least 24 months and has requirements such as restitution, school attendance or employment and community service.

Reduced Charges and Sentencing

Sometimes the prosecution may offer a plea bargain for reduced charges. In this case, you would admit your guilt and waive your right to a trial in exchange for reduced charges and sentencing.

In any case, seeking the advice of an experienced Illinois retail theft defense attorney is your first step to facing shoplifting charges. If you have questions or concerns regarding a specific situation, we are here to help.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

That said, facing conviction of a violent crime – one which involves the use of force or threat of force against another – can result in a punishment longer lasting and far more severe. This is generally because these crimes are considered to present a threat to public safety.

Sometimes, the two overlap.

An offender may intend to commit a simple property crime like theft, but a mishap or change in circumstances can result in a more violent scenario.

For instance, someone might attempt to steal from or damage property thought to be vacant but encounters an occupant. Everyone’s surprised, the offender pulls a gun or knife, and suddenly a petty theft becomes something far more grave.

By law, a defendant in these circumstances may be convicted of a violent crime, even if it wasn’t their original intent.

Below, we compare various property and violent crimes, and the circumstances under which a simple property crime can suddenly become violent.

Defining Property Crime and Violent Crime in Illinois

Property crime is an offense committed against the victim’s property. This can include theft, vandalism, destruction and unlawful occupation of a property.

An important discernment, property crimes are characteristically non-violent. In fact, in most simple property crimes, the owner is not even present during the commission of the offense. On the other hand, as the title would suggest, violent crimes are, well…violent.

When an offender does use force or the threat of force to cause bodily injury to the victim or place the victim in reasonable fear of imminent bodily injury or death, the crime is classified as such. Examples include assault, robbery, carjacking, sexual assault, and homicide.

So what are the most common scenarios of intent to commit a simple property crime without harming anyone, but inadvertently encounter the property’s owner or occupant?

In those scenarios, how does the property crime become a violent one?

Illinois Shoplifting vs. Illinois Robbery

In shoplifting, the defendant takes merchandise with the intention to deprive the merchant of its full retail value. In robbery, the defendant takes property directly from a person, including a store employee, and uses force or the threat of force to do so.

In some cases, the defendant may intend to commit shoplifting, but end up using force or the threat of force to take the merchandise, which is considered robbery.

For example, with the intent to shoplift, Sally slips an extra tube of lipstick into her side pocket. On her way out the door, she is stopped by a security guard. When he tries to apprehend her, in an effort to escape, Sally pulls out a knife and threatens to harm him.

Now a simple shoplifting conviction, usually a misdemeanor punishable by probation, becomes armed robbery, a felony-level offense that almost always requires jail time.

Illinois Burglary vs. Illinois Robbery

Burglary is committed when the defendant enters a building or vehicle with the intention to commit theft or a felony-level offense.

As we discussed above, a robbery occurs when the defendant directly takes the property of another by force or threat of force.

Look at Barry. He thinks the home he is breaking into is vacant, intending to steal the occupants’ valuables. However, one of the occupants is home. Barry’s caught off guard and uses force or threat of force to subdue them.

Barry now faces robbery charges. Although both offenses are considered a felony, Barry is likely to face a much longer prison sentence now.

Illinois Grand Theft Auto vs. Illinois Carjacking

Auto theft is a common Chicago criminal offense and is usually a low-level felony. However, if the defendant takes a car directly from its owner or driver using force or the threat of force, this is considered carjacking, a violent offense that is a Class 1 Felony.

Take Carl. He’s in the mall parking lot, attempting to steal an unoccupied car. Let’s say the car’s owner approaches Carl while he’s attempting to hotwire the car.

Carl isn’t armed but tells the driver that he has a gun and will shoot, causing the driver to flee and call the police. Even though he didn’t use force, Carl used the threat of force, so now faces carjacking charges.

We realize these examples are simplified, while real-life situations can be far more complex. Even if the defendant intends only to commit a property crime, unexpected circumstances can cause panic, and “force” can seem at the time the only way to escape or avoid being caught.

In these cases, the defendant will face the criminal consequences of a violent crime, even though this was not his or her original intention.

If you are currently facing violent crime charges for an incident in which you never intended to be such, it may be wise to reach out to a Chicago criminal defense attorney to talk about your best course of action in limiting your consequences.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Petty theft and shoplifting are some of the most common criminal offenses. Because of this, you might think that the penalties would be minor.

However, a theft or shoplifting charge is actually quite serious – especially in Illinois.

Theft and shoplifting are penalized based on the value of goods allegedly stolen. Both offenses can be prosecuted as either a misdemeanor or a felony, with felony-level offenses having much more severe consequences. A felony-level offense is almost always punishable by jail time, is associated with hefty fines, and carries the long-term consequences of being a convicted felon – even after your sentence is complete.

This is particularly unfortunate in our state due to our felony theft thresholds. Here, most types of theft become a felony when the value of stolen goods is $500 or more. This is already one of the lowest felony thresholds in the nation. However, the threshold for shoplifting is even lower.

How low? Try $300.

This means that it’s very important to understand the laws surrounding theft and shoplifting in Illinois. Therefore, we’ve provided a guide covering how the law defines theft and shoplifting, and the sentencing and penalties you can expect for both offenses.

How Illinois Law Defines Theft and Shoplifting

Simply put, Illinois law defines the crime of theft as the unauthorized taking of property or services along with the requisite intent of the crime.

A more complex and exacting definition of theft is provided in the Illinois criminal statutes, which define theft as knowingly:

• Taking unauthorized control over the property of another party
• Obtaining control over another party’s property by threat or deception
• Obtaining stolen property, either knowingly or under circumstances that should lead to reasonable belief that the property is stolen

Shoplifting occurs when the victim is a retailer. Unlike other states that incorporate shoplifting under general theft statutes, Illinois has specific laws for retail theft.

Additionally, our state defines shoplifting very broadly to encompass other acts intended to deprive the merchant of an item’s full value. For example, price switching.

In fact, in Illinois, doing any of the following things intentionally is considered shoplifting:

• Taking, possessing, or carrying away any retail merchandise
• Altering, transferring, or removing labels or price tags
• Transferring merchandise from one package to another
• Under-ringing merchandise
• Misrepresenting the defendant’s ownership of property to a merchant
• Using or possessing a device to shield theft protection

Additionally, Illinois recognizes the separate crime of theft by emergency exit. While which exit someone uses during retail theft may seem trivial, it could actually mean the difference between a misdemeanor and a felony, and lead to a more severe sentence if you are convicted.

Theft Sentencing and Penalties in Illinois

Theft is sentenced and penalized based on the value of the allegedly stolen property in question. Additionally, certain circumstances of the offense itself can lead to enhanced sentencing.

Generally, Illinois classifies theft as follows:

• Class A Misdemeanor Theft: Theft of property valued $500 or less, so long as the property is not taken directly from the victim’s person. This is punishable by imprisonment for less than one year and up to $2,500 in fines. Further, if you are a first-time offender, probation and diversion programs are likely options.
• Class 4 Felony Theft: Theft of property valued $500 or less committed at a school, governmental property, or place of worship, or committed by a previous theft offender. This is punishable by 1-3 years in prison and up to $25,000 in fines.
• Class 3 Felony Theft: Theft of property valued $500 or less directly from the victim’s person, or theft of property other than from the owner’s person valued at $500-$10,000. This is punishable by 2-25 years in prison and up to $25,000 in fines.
• Class 2 Felony Theft: Theft of property valued at $10,000-$100,000. This is punishable by 4-15 years in prison and up to $25,000 in fines.
• Class 1 Felony Theft: Theft of property valued at $100,000-$500,000. This is punishable by 4-15 years in prison and up to $25,000 in fines.

Shoplifting Sentencing and Penalties in Illinois

Shoplifting is also sentenced and penalized based on the value of merchandise taken, with enhanced sentencing if certain elements are present.

In Illinois, shoplifting is classified as follows:

• Class A Misdemeanor: Theft of merchandise valued under $300, punishable by under one year in prison and fines of up to $2,500. Diversion programs and probation are often available to first-time offenders.
• Class 4 Felony: Theft of merchandise valued under $300 by a prior shoplifting offender, or using an emergency exit. This is punishable by 1-3 years in prison and fines up to $25,000.
• Class 3 Felony: Theft of merchandise valued over $300. This is punishable by 2-5 years in prison and fines up to $25,000.
• Class 2 Felony: Theft of property valued over $300 using an emergency exit. This is punishable by 3-7 years in prison and fines up to $25,000.

Fair?

Maybe. Maybe not – but it’s the law we have to live with right now. That’s why it’s particularly important to understand theft and shoplifting laws in our state, and to proactively fight back to beat any charges against you.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If you are accused of shoplifting in Illinois, you need to know what actually constitutes a charge in order to know how to fight back effectively.

Below, we’re going to explain the acts that count as shoplifting in our state, as well as what options you have to battle your charges.

Illinois Retail Theft: Acts that Count as Shoplifting

In Illinois, you can face criminal charges for taking, possessing, carrying, or transferring any retail merchandise with an intent to deprive the retailer of the merchandise’s full value. Under the Illinois statutes, the following acts could get you arrested for shoplifting.

Price Tag Alterations

If you remove, transfer, or alter a price tag, shoplifting charges may apply.

Container Changes

You cannot lawfully change merchandise from one container to another.

Register Discrepancies

Illinois law does not permit someone to cause a cash register to reflect less than the full value of the merchandise.

Misrepresentation

You are prohibited from misrepresenting ownership of any property to a retailer.

Use of Theft Shielding Device

The use or possession of any device that deters theft detection is a criminal act.

Concealment

If you attempt to conceal merchandise, you can face shoplifting charges.

Removal of Merchandise

You are not permitted to remove merchandise from a store without payment.

Theft by Emergency Exit

If you shoplift items and leave the store by an emergency exit, your charge will be raised from a misdemeanor to a felony under Illinois law.

Removal of Shopping Cart

Yes, you can face charges for removing a shopping cart from a retailer’s property without express consent.

Penalties for Shoplifting in Illinois

If you are convicted for shoplifting in Illinois, you could potentially face these penalties based on the total value of the merchandise.

Under $300

This is a Class A misdemeanor offense which could result in up to one year in prison and a fine of up to $2,500. The charge will be raised to a Class 4 felony if committed by use of an emergency exit. Repeat offenses will also be raised to Class 4 felony charges. A conviction will result in between one and three years in prison and a fine of up to $25,000.

Over $300

This is a Class 3 felony which could result in between two and five years in prison and a fine of up to $2,500. The charge will be raised to a Class 2 felony if committed by use of an emergency exit. The penalties will then be three to seven years in prison and a fine of up to $25,000.

Defenses to Illinois Shoplifting Charges

A skilled Chicago criminal lawyer can help you fight your charges with the best defensive strategy for your case. These are some of the strategies that may work to get your charges reduced or dismissed.

Lack of intent

You can use this defense if you thought the item belonged to you or if it was mistakenly placed in your cart, bag, or purse.

Lack of evidence

If the prosecution cannot produce enough evidence to prove that you committed shoplifting, your charges could be dropped.

Mental illness

Some people suffer from a disease called kleptomania, which causes people to compulsively take items. In this case, you may be admitted to rehabilitation rather than serving a prison sentence.

Other defenses may be available to you depending on the specifics of your situation. Knowing how to fight back starts with understanding exactly what you’re being accused of doing.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Companies are using new high-tech methods to stop people from stealing. In this post, we’ll tell you about these methods and describe what penalties you can face for getting caught.

High Tech Theft Deterrent Methods

In 2015 alone, retailers took over $45 billion in losses due to shoplifting. Now, stores are working harder than ever to prevent those losses with new methods.

Here are several cutting-edge technologies that companies are using to prevent people from stealing.

Basket tracking

Baskets can be equipped with sensors tuned in to radio frequencies that sound alarms and trigger video captures if a person tries to leave the store without paying.

Face and hand biometrics

The majority of retail theft occurs by repeat offenders. Major retailers will be rolling out hand and facial recognition stations to stop shoplifters from coming back. If a known shoplifter shows up, store employees receive an alert on their smartphones.

Smart monitors

Scanners can be placed in aisles to light up if a shopper lingers too long, showing the shopper his or her face on a screen to indicate the store employees are watching.

Items with GPS tags

Some high-value items can be tagged with GPS systems to track their whereabouts when they leave the store. The GPS tagging can be deactivated at the payment stations but will sound alarms if the items are unlawfully taken.

Illinois Shoplifting Laws

The shoplifting laws in Illinois apply to the following actions:

• Taking items from a store without paying
• Switching or altering price tags or labels
• Switching items from one package to another
• Making false returns
• Removing or disabling anti-theft devices
• Keeping merchandise past a lease’s expiration

A person can face shoplifting charges if he or she intended to deprive a merchant of the full retail value of the item or items that were taken.

Shoplifting penalties are given according to the total combined retail value of the stolen items. Here is a breakdown of the penalties.

Value of $300 or less

Class A misdemeanor; penalty of up to one year in jail and a fine of up to $2,500

Value of $300 or less, and offender uses an emergency exit

Class 4 felony; between one and three years in prison and a fine of up to $25,000

Value of $300 or less, plus prior conviction for theft or related crimes

Class 4 felony; between one and three years in prison and a fine of up to $25,000

Value of $300 or less, plus prior conviction for theft or related crimes and use of emergency exit

Class 3 felony; between two and five years in prison and a fine of up to $25,000

Value of more than $300 in one transaction or in several transactions within one year

Class 3 felony; between two and five years in prison and a fine of up to $25,000

Value of more than $300 in one transaction or in several transactions within one year, plus use of emergency exit

Class 2 felony; between three and seven years in prison and a fine of up to $25,000

Offenders may also be subject to civil cases with additional fines.

With retailers getting tougher than ever on shoplifters and savvier about how to catch them, you definitely need to think twice before taking something. That being said, with new technologies come new problems. Even if it seems like a store’s hi-tech system has you caught, don’t give up hope. A charge is not a conviction, and you can fight back.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Walmart is one of the most popular places for shoplifting, and recently a man was accused of shoplifting at least 30 different times from Walmart stores in Illinois and Indiana.

The suspect has allegedly been shoplifting televisions and computers over the last 18 months at multiple Walmart stores. Three of the 30 instances supposedly happened at the Walmart Supercenter in Naperville, where the Naperville Crime Stoppers are now offering a $1,000 reward for any information leading to the man’s arrest and conviction.

Shoplifting 30 times without being caught is quite a feat, but if the man has any kind of record when it comes to theft, he could be facing some serious charges and penalties. Let’s look at how shoplifting charges work here in our state and how those charges can change if you already have a history of theft.

Understanding Illinois’ Retail Theft Laws

When you think of shoplifting, you probably think of hiding an item under your shirt and running for the door, but shoplifting – also known as retail theft – can be committed in various ways besides just taking an item without paying full retail value for it, including:

• Altering price tags and other item labels
• Transferring merchandise from one package to another
• Under-ringing an item at the checkout counter
• Removing a shopping cart from the store’s premises
• Making a false return
• Using a theft detection shielding device or theft detection device remover

If you’re caught committing retail theft, the charges you will face are dependent on the value of the stolen property.

If the value of the stolen property is less than $300, you will face a Class A misdemeanor, which is punishable by fines up to $2,500 and up to one year in jail. This charge is elevated to a Class 4 felony – fines up to $25,000 and 1-3 years in prison – if you used an emergency exit to commit the crime.

If the value is over $300? Whether it’s in a single instance or multiple instances over a year, you’re looking at a Class 3 felony punishable by fines up to $25,000 and 2-5 years in prison. It becomes a Class 2 felony – $25,000 in fines and 3-7 years in prison – if you used an emergency exit.

So what happens if you’re caught shoplifting and you already have a shoplifting conviction on your record?

How Can Multiple Thefts Affect My Shoplifting Charges?

If you’re caught shoplifting for a second, third, fourth, or even the 30^th time, you will face increased charges and penalties.

When the value of the stolen items is less than $300, you’re looking at a misdemeanor charge, but if you already have a theft or related crime conviction (robbery, armed robbery, burglary, residential burglary, possession of burglary tools, home invasion, unlawful use of a credit card, or forgery), you’re now looking at a Class 4 felony.

If you have a theft record and you use an emergency exit, you’re looking at a Class 3 felony.

Most people think of shoplifting as a minor crime, but, as you can see, shoplifting is taken seriously in our state and even more seriously if you have any kind of history of theft conviction. For that reason, if you find yourself facing a shoplifting charge, regardless of whether it’s your first one or third one, reach out to an experienced Illinois shoplifting attorney to fight for your rights and get your charges reduced, dismissed, or dropped altogether.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Being falsely accused of a crime like shoplifting can be confusing and unsettling, and you may not know what to do. How do you fight back against the word of a store manager or security personnel? What kind of evidence can help your case? What are your rights?

Unfortunately, this isn’t just some imaginary “what if” scenario. False shoplifting accusations occur all the time.

Case-in-point? Last year, a 12-year-old girl and her 13-year-old friend were falsely accused of shoplifting at a Target store in Algonquin, Illinois.

Even though the girls paid for their items, store employees followed them around the store. An employee told the girls to put back the items in their bags and said they had been caught stealing on camera. Another employee tweeted a photo of the girls and said that the store manager had instructed her to follow the girls.

By the time the 12-year-old girl’s mother picked them up, the tweet had reached people the girls knew. As one said, “It’s really embarrassing, because a bunch of my friends take it to their moms and then they can’t hang out with me.”

Soon after the incident, a Target human resource employee apologized and said they had no reason to believe the girls were doing anything wrong. The police had not been contacted by the store to report the incident. Mochan’s family was last reported as seeking legal counsel.

So if you or a loved one are facing a similar situation to the girls in this story, what should you do? What is likely to happen?

Navigating the Experience of a False Shoplifting Accusation

If the employees actually believe they have enough evidence to charge you with shoplifting, the first thing you can expect is to be led into a secure area for questioning. A guard or officer may ask you to provide your name, address, and date of birth. The store will then call the police to report the incident, and the police will initiate an investigation.

Throughout this process, you have the right to remain silent and request the presence of an attorney. It’s wise to keep quiet about details which may unintentionally put you in a difficult situation.

When building a case to fight your charges, think about when or if the item(s) in question entered your bag or shopping cart. Section 322 (2) of the criminal code explains how the offense of shoplifting occurs: “A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.” If the item was unintentionally placed in your possession, you can build a case against the charge.

Let’s say you accidentally placed an item in your cart or bag with the intent to pay and it doesn’t pass through the cashier’s checkpoint. If a store guard stops you and you offer to pay for the item immediately, no charges should be made.

It’s possible that distraction, illness, age, or certain medications can cause you to forget that you placed an item in your bag or cart. If you can show that one or more of these factors contributed to the situation, it will greatly bolster your case against your shoplifting charge. An attorney with experience in defending theft crimes will be able to help you.

The main thing to remember when falsely accused of shoplifting is to remain calm and polite and not to try to run away. Being confronted by security or other store personnel can be frightening, but fighting or attempting to escape only makes you look guiltier.

Tell them only the information that is required, pay attention to their actions and how they approach you, and replay the situation in your head so that you can relay exactly what happened to your lawyer if need be. This is where knowing the “rules” comes in handy.

Know the Rules to Battle Back against Your Shoplifting Charge

Retail stores in Illinois are training employees to follow six steps before filing shoplifting charges.

1. The store representative must see the offender approach the item(s)
2. The store representative must see the offender choose the item(s)
3. The store representative must see the offender hide or carry the item(s) away
4. The store representative must keep continuous watch over the offender
5. The store representative must see that the offender did not pay for the item(s)
6. The store representative must apprehend the offender once they pass the register or exit the store

These rules are intended to create probable cause that the offender had the intent to shoplift. If any of the steps are skipped, the prosecution may not be able to build a solid case against you. This is why you need to pay attention to the actions of the store employee who apprehends you.

Here are several other defenses you can use to fight false charges of shoplifting:

1. The store witnesses prove to be unreliable or inconsistent in their testimony.
2. You were detained for an unreasonable time period. This will depend upon the situation, but several hours should be considered excessive.
3. A store employee used excessive force or threats to apprehend you.
4. You put the item back on the shelf yet were still accused of shoplifting.
5. The store did not issue an apology for false accusations.
6. The store did not file charges within the statute of limitations.

If you are facing a shoplifting charge, make sure to contact an experience Chicago criminal attorney. They will be able to help you fight the false charges and will work to restore your reputation.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

When you ask why and shake your head, he grabs you and pulls you into a back office where a woman who appears to be a manager sits. They tell you that they know you stole something and that they’re going to hold you there until you admit to it and give the item back.

Can they do this though? Is it even legal?

The answer is… complicated.

Breaking Down Legal Detention in Illinois Shoplifting Cases

There are all kinds of theft techniques that store owners and security guards watch for, and if they believe they have seen you engaged in any of them, they have the right to detain you under Illinois law. However, they can’t just keep you there forever, and there are other associated rules as well.

Here’s what the state criminal statute actually says:

“Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time…”

Merchants are also allowed to detain someone – regardless of whether they’ve actually stolen anything – if they notice that the individual possesses either a theft detection device remover or a theft detection shielding device.

It goes on to say that merchants are only allowed to do this for certain reasons. Specifically, they can hold you so they can:

• Ask for and/or verify your ID
• Ask if you have unpurchased merchandise with you
• Investigate any merchandise you do have to determine who the owner is
• Contact a peace officer so they can notify them of your detention and surrender you into their custody

If the accused individual is a juvenile, merchants are only given the right to hold them off of store premises if they are in “immediate pursuit” – in other words, if they chase the person from the store and catch them. Additionally, when minors are concerned, store owners can contact parents, guardians, or “other private person interested in the welfare of that minor,” as well as a peace officer, as mentioned above.

Notice anything strange about the way the law is written? Let’s answer that by asking another question: what’s “reasonable”?

You can see above where it says that merchants may detain people “in a reasonable manner and for a reasonable length of time,” but really that’s just the beginning. There’s also language saying that their questioning about whether you stole anything also needs to be “reasonable,” and that any investigation into the ownership of the item must be as well.

Again, though, what is “reasonable”?

This is a very important question, because it speaks to how someone is apprehended, how they are treated during their detention, and how long that detention lasts. For better or worse, those things are all left open to interpretation.

Because of this, if you are detained by a security guard or store owner, it is vital that you keep track of exactly what happens. How were you initially detained? What was said? Were you threatened or physically injured? How long were you held?

All of this information may be beneficial to your case if you end up being charged.

How about the reverse? What are your rights in this situation?

Your Rights If a Store Employee Detains You

So you know that merchants can hold you if they believe that you’ve stolen something from them, but what kinds of things are you allowed to do to protect yourself?

When you break it down, there are really just three big ones, and one of them has already been mentioned: keep track of what happens and what they do and say to you. If they violate your rights at any point during the process, that is something that may help to get your charges reduced – or even completely dropped or dismissed.

What are the other rights you have?

The right to remain silent. Their goal is to get you to confess. That means getting you talking. So don’t. Other than information that they can get from your ID, you don’t say have to say anything, and it’s in your best interest not to. Even if you think you’re helping your case, it could end up hurting you in the end. So stay quiet and force them to piece things together on their own.

The right to request an attorney. Obviously merchants and security guards aren’t cops, but you can still ask for a lawyer – and you should! After all, it’s easy to feel intimidated and confused if you’re hustled back to a tiny closed room and interrogated. A lawyer can make sure that your rights are protected, and even just asking for one may cause the people who are detaining you to treat you better.

Additionally, while merchants are permitted to videotape their premises – including dressing rooms – typically there should be a warning posted for customers.

Retail theft charges may seem like no big deal, but they can be incredibly serious. Depending on the value of the item or items you allegedly stole, you could end up facing felony charges that come with the possibility of years in prison and thousands in fines. Fight back by contacting a knowledgeable Chicago shoplifting attorney.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Back to school shopping is expensive. Even with stores everywhere touting huge sales to help parents get their kids ready for the new school year, the cost can be prohibitive.

Recently, a Bedford Park woman took matters into her own hands by attempting to steal 90 back to school items from the local Walmart. She probably thought that it was no big deal, and may have even believed her choice justified.

But it wasn’t long before she discovered how seriously the state took her transgression. Though her public defender was able to help her avoid jail time, she was still fined $25,000 and ordered to complete weekly drug testing.

Breaking Down the Back to School Shoplifter Case

Alexandria Marchman, 22, was arrested on August 22 at a Bedford Park Walmart. With the help of a 14-year-old relative, she had been filling bags with school supplies, DVDs, food, and clothing. Authorities believe the 14-year-old is Marchman’s sister or sister-in-law. When loss prevention officers stopped them outside of the store, they found that they had stolen 90 items that were valued at $582.

Marchman was charged with felony retail theft and contributing to the delinquency of a minor. When she appeared in Cook County Court to await sentencing, her public defender pleaded to the judge that Marchman should not receive jail time in part because she has a 2-year-old child and is currently pregnant with her second. As mentioned above, the strategy worked – sort of – but she still has weekly drug tests and a huge fine hanging over her head.

In retrospect, Marchman probably shouldn’t have gone with a public defender. While it is impossible to say with absolute certainty that a private criminal lawyer with a successful track record handling retail theft cases would have gotten her a better deal, it is well known that public defenders are incredibly overworked. By necessity, they tend to juggle far more cases than they should, which hampers their ability to really craft the best possible defense strategy for any individual case.

Marchman may have felt like she couldn’t afford to pay for a private defense attorney. But maybe her feelings would have changed if she understood how serious – and expensive – the penalties for her crime really were. If an experienced shoplifting lawyer could have gotten the judge to waive her bond fee – or even half it – would a private defender have been worth it then?

You need to truly understand the “costs” facing you before making a decision like this. Let’s look at shoplifting specifically.

How Retail Theft Penalties and Charges Work in Illinois

Felony retail theft, the charge Marchman was tried for, is committed when an individual knowingly:

• Takes possession of, removes, or transfers merchandise in a retail establishment with the intention of depriving the merchants permanently of the merchandise
• Alters, transfers, or removes any label or price tag to obtain the merchandise for less than the full retail value

That’s right – even purchasing an item for less than the correct price could get you charged with retail theft.

Also, remember that Marchman and her accomplice stole less than $600 worth of merchandise. For just that seemingly small amount, she was charged with a felony and ended up being fined $25,000.

That may seem crazy, but it’s also the law. Penalties for theft in Illinois are determined based on the value of the goods stolen. But our state has extremely low theft thresholds.

As we have mentioned in a previous blog post, they are some of the lowest theft thresholds in the nation. And the retail theft threshold is even lower than the standard theft threshold in Illinois. While it takes $500 of general property to be charged with a felony, the threshold for retail theft is only $300!

The charges and penalties for different levels of retail theft include:

• Less than $300: Class A misdemeanor; up to a year in prison and fines of up to $2,500
• More than $300: Class 3 felony; between 2-5 years in prison and fines of up to $25,000

As you can see, those extra few items that put you above the $300 threshold make a big deal in sentencing. Luckily, there are ways to fight back – and alternatives.

Alternative Sentences for Theft in Illinois

Theft is taken very seriously in our state. However, for first time offenders like Marchman, you may not have to step inside a jail cell if you are convicted. You may be able to even avoid conviction altogether.

These three alternative sentencing options may be able to help you avoid a theft conviction on your record:

Supervision – Rather than ordering a conviction or imprisonment, a judge can order a defendant to be placed under supervision for a certain period of time. During this time, a defendant cannot commit additional crimes and may be subject to other restrictions or requirements (like drug testing). After the supervision period is over, the individual must wait five years before he or she can apply to have the theft charges removed.

Theft-Deterrent Program – This is another way to avoid conviction for your first-time theft offense. A theft-deterrent program may include obtaining employment, paying restitution to the victims of the theft, or completing a GED program. When the program is completed and proof of completion is given to the court, the prosecution will drop the charges against the defendant. Like supervision, an individual will have to wait five years after completing a theft-deterrent program to apply to have the charges expunged from his or her record.

Community Service – Theft-deterrent programs are not always available. In that case, community service hours can still help a defendant avoid incarceration or conviction. The waiting period for expungement is the same as a theft-deterrent program or supervision.

These options provide a good alternative to traditional sentencing, but you need to work with an experienced shoplifting lawyer who understands the options available to you and what strategy is most likely to get you the best possible outcome.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Do you remember being a teenager, shopping in a department store with your friends and being followed around by employees? Maybe you were accused of stealing or asked to leave.

This interaction is not uncommon, and has negative consequences for both customers and the store. Customers who are stereotyped as shoplifters are often discouraged from shopping at the store again – it’s not fun to be labeled as a criminal because of your age or appearance.

Moreover, the employees watching you may have been ignoring people who were actually committing a crime. The people a store thinks aren’t shoplifting are often the ones who cause the most retail damage.

The stereotypes regarding shoplifting – that it’s only committed by teenagers and lower-income shoppers – have been researched and shown to be completely false. So…

Who Actually Shoplifts?

A lot of people. Compared to other forms of theft, shoplifting is a fairly common crime. It is estimated that 1 in 11 Americans have shoplifted something from a store.

Often, people picture shoplifters as teenagers who want to cause trouble, or lower-income people who can’t afford the items that they steal. In reality, the majority of shoplifters are adults – 3 in 4 shoplifters are over the age of 18 – and many are quite well-off and don’t “need” to steal for financial reasons.

In fact, Americans earning $70,000 a year are 30% more likely to steal than those who earn $20,000 a year or less. At $70,000 a year, you can afford to put food on the table. So why shoplift?

Kleptomania and Depression

You may have heard the term “kleptos” used to describe someone who habitually steals in movies or TV. Kleptomania, however, is a legitimate disorder that has been diagnosed for centuries. It is traditionally classified as an impulse disorder, defined by the Mayo Clinic as the “recurrent failure to resist urges to steal items.”

Kleptomania is more common then you might think, but it’s complex. Many people are shamed by the crimes they commit due to having kleptomania. Because of this, they don’t seek proper help to deal with their condition. Kleptomania and shoplifting are commonly linked to other mental disorders or loss. Three out of four first-time shoplifters had recently experienced trauma.

Additionally, people who suffer from depression tend to shoplift around their birthdays or major holidays. It is reported that approximately one in three shoplifters experiences some form of depression.

Other mental disorders linked to shoplifting include:

• Anxiety Disorders
• Bipolar Disorder
• Substance Abuse
• Personality Disorders
• Gambling Disorders

What This Means for Your Defense

Not every shoplifter is a well-off adult who is depressed. Not every shoplifter is a teenager who was dared to steal by his or her friends. Not every shoplifter is a low-income individual. But even though the range of shoplifters is rather diverse, those who are charged or accused of shoplifting belong to certain stereotypes.

Many people are wrongfully accused each year of shoplifting due to their age, race, or social class. Other people are charged after accidentally shoplifting. Others are given harsh penalties for shoplifting when what they really need is rehabilitation or treatment for their actions.

Theft is no joke in Illinois. Unlike in many other states, merely getting caught with stealing over $300 in merchandise can result in a felony charge. If you have been charged with shoplifting and have a history of mental illness, it is important to speak with a knowledgeable retail theft attorney who can put you in contact with a mental health professional. Citing depression or kleptomania as a factor in your case may allow you to seek help instead of receiving a long sentence. And if you believe you have been wrongfully accused, it is important to communicate this to your lawyer as well.

For more options and strategies for an effective defense against shoplifting charges, be sure to consult with a Chicago retail theft attorney immediately.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.