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.

In the realm of criminal justice, mistaken identity is a persistent and troubling issue. One of the most distressing scenarios is when an individual finds themselves falsely accused of theft, grappling with the repercussions of a crime they didn’t commit.

Such cases often underscore the critical importance of establishing an airtight alibi and presenting compelling evidence to assert innocence. Let’s delve into this complex issue, exploring real-life instances of mistaken identity in theft accusations and the imperative of constructing a robust defense with the aid of an experienced criminal defense lawyer.

Establishing an Airtight Alibi

In bustling urban centers like Chicago, where bustling crowds and frenetic activity are the norm, cases of mistaken identity can easily arise. Consider the harrowing ordeal of John, a law-abiding citizen who was erroneously identified as the perpetrator in a high-profile theft case. Despite his protestations of innocence, John found himself ensnared in a legal quagmire, his reputation tarnished and his future uncertain.

John’s predicament underscores a fundamental truth: in the face of theft accusations, establishing a credible alibi is paramount. A meticulously documented timeline of one’s whereabouts can serve as a potent shield against wrongful conviction. From surveillance footage to witness testimonies, corroborating evidence plays a pivotal role in dismantling the prosecution’s case and vindicating the accused.

The Role of Defense Attorneys

However, the road to exoneration is fraught with obstacles, and navigating the legal labyrinth requires deft maneuvering. This is where the expertise of a seasoned criminal defense lawyer becomes indispensable. With their adept understanding of legal nuances and strategic acumen, defense attorneys serve as staunch advocates for the wrongly accused, tirelessly championing their cause in the pursuit of justice.

Consider the landmark case of Sarah, whose life was upended when she was unjustly implicated in a series of thefts sweeping through her neighborhood. Faced with mounting pressure from law enforcement, Sarah turned to a skilled defense attorney who meticulously scrutinized the evidence against her. Through tireless investigation and adept legal maneuvering, the attorney uncovered glaring inconsistencies in the prosecution’s case, ultimately securing Sarah’s acquittal and restoring her faith in the legal system.

Sarah’s ordeal serves as a poignant reminder of the pivotal role that a robust defense plays in safeguarding the rights of the accused. Beyond merely poking holes in the prosecution’s case, a skilled defense attorney serves as a beacon of hope, offering solace to those unjustly ensnared in the clutches of the law.

Challenges of Eyewitness Testimony

Moreover, the specter of mistaken identity underscores the inherent fallibility of eyewitness testimony—a cornerstone of many criminal prosecutions. Research has consistently shown that human memory is susceptible to distortion and manipulation, rendering eyewitness identifications inherently unreliable. In light of these sobering truths, it becomes imperative for defense attorneys to meticulously scrutinize eyewitness accounts, exposing potential biases and inaccuracies that could undermine the credibility of the prosecution’s case.

The Role of Forensic Evidence

In the digital age, advancements in forensic technology have revolutionized the landscape of criminal justice, offering a powerful arsenal of tools to discern truth from fiction. From DNA analysis to digital surveillance, forensic evidence can often serve as an irrefutable arbiter of innocence, exonerating the wrongly accused and holding the true perpetrators to account.

Yet, for all its promise, forensic evidence is not infallible, and its interpretation requires a nuanced understanding of scientific principles. This is where the expertise of forensic experts, enlisted by defense attorneys, proves invaluable, providing critical insights that can tip the scales of justice in favor of the accused.

Defending Against Wrongful Theft Accusations In Chicago

Mistaken identity poses a formidable challenge to the principles of justice, threatening to ensnare the innocent in the web of suspicion and accusation. Yet, through the diligent efforts of skilled defense attorneys and the judicious application of evidence, the truth can prevail, vindicating the wrongly accused and reaffirming faith in the integrity of our legal system.

As we confront the specter of mistaken identity, let us remain steadfast in our commitment to upholding the rights of the accused, ensuring that justice is served without prejudice or discrimination.

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.

Depending on the line of work, it’s not uncommon for employers to take things home from the job. Maybe this is some pencils, pens, and printer paper from an office job. Or maybe you work for a mechanic and borrow some tools… permanently. Is this considered theft? Could you be charged with a crime for taking things from your employer? Short answer: yes. Stealing from your employer is a severe offense in the state of Illinois. According to the Illinois Criminal Code, theft is defined as “the unauthorized taking of property from the possession of another.” This includes taking money, goods, or services without the consent of your employer. When an employee takes something from their employer without permission, it is considered theft. This can include anything from cash to office supplies to company property. It can also include taking company time, such as using company equipment or company hours for personal use. In order to avoid potentially life-changing consequences, it’s essential for employees to understand the laws and regulations surrounding theft in the workplace.

How Is Theft from an Employer Penalized in Illinois?

The penalties for theft in Illinois vary depending on the value of the stolen property. If the value is less than $500, the penalty is a Class A misdemeanor, which carries a maximum punishment of up to one year in jail and a fine of up to $2,500. If the value exceeds $500, the penalty is a Class 3 felony, with a maximum punishment of five years in prison and a fine of up to $25,000. In addition to criminal penalties, an employer may also choose to pursue civil action against a thieving employee. This could result in you being ordered to pay restitution or damages to your employer. This is separate from any criminal charges and penalties, and you may be found liable in civil court even if you are not found guilty of theft in criminal court. Additionally, it’s important to note that an individual can be charged with theft even if they did not intend to steal something. If you take something from your employer without permission, you can be charged with theft – even if you didn’t intend to keep it permanently. Moreover, you can even be charged if you take something from your employer without permission and later return it. Finally, know that if you are caught stealing from your employer, they are within their rights to fire you – and probably will. This could have serious consequences for an individual’s livelihood, especially in cases where the employee has a family to support.

Additional Consequences That Come With Stealing from Your Employer

Stealing from your employer can also have severe consequences on your career and future employment prospects. Many employers conduct background checks on job applicants, and a theft conviction could prevent you from being hired by other companies in the future. This can make it difficult for individuals to find employment in their chosen field and may force them to take jobs unrelated to their experience and qualifications. In terms of personal consequences, a criminal record can have a negative impact on your reputation and relationships and make it difficult to obtain loans, credit, and housing.

As you can see, stealing from your employer is a truly severe offense in our state. If you are facing charges of theft from your employer, it is essential to seek the advice of an experienced criminal defense attorney. Do this as soon as possible. An attorney can help you understand the charges against you, the potential penalties, and the best action to take. They can also help you understand your rights and work to protect them.

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.

In Illinois, certain property crimes are common. “Common,” however, does not mean that they come with light consequences.

While property crimes can be misdemeanors, many can also be felonies. That’s why it’s vital for every citizen to understand common property crimes, including how the law defines them and the consequences of a conviction.

Read on to find out what you need to know.

The Most Common Illinois Property Crimes

The top property crimes in Illinois are:

Burglary

Burglary is an umbrella phrase for different types of property crimes. In general, however, a person commits burglary if they enter the property of another with the intention of committing another crime once there.

While most people think of breaking into someone’s house as burglary, it’s only burglary when they’re breaking into someone’s house to commit a crime, such as a robbery. Simple breaking into a home would be trespass.

In most cases, burglary is a Class 2 felony in Illinois. But it can be raised to a Class 1 felony if the place entered to commit the crime is a school or a place of worship. A Class 2 felony conviction can send a person to prison for up to seven years. If convicted of a Class 1 felony, a person faces incarceration for up to 15 years.

Theft

Theft is committed in Illinois when someone knowing obtains or takes control over the property of another without their authorization with the intent to deprive them of the property permanently.

Theft can be a Class A misdemeanor, or a Class 4, 3, or 2 felony. In some circumstances, it can even be a Class 1 or Class X felony.

What category it falls into depends on the value of the property stolen. If it’s less than $500, then it’s a Class A misdemeanor. Over $500, it turns into a felony, with anything exceeding $1 million considered a Class X felony – a felony that can send you to prison for 30 years.

Motor Vehicle Theft

Motor vehicle theft is much like theft, insomuch as it’s the act of obtaining or knowingly taking control over the property of another without their consent and with the intent to take it from them permanently. It’s simply that in this case, the property in question is a motor vehicle.

Motor vehicle theft penalties hinge on the value of the vehicle taken. Vehicles worth less than $500 typically net a Class A misdemeanor. Any vehicle worth more than that will receive a felony charge.

Even the least severe cases can include sentences up to one year. However, the most serious felonies can send a person to prison for up to 30 years.

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.

Halloween is a holiday many people love. It’s entertaining to dress up and attempt to eat your body weight in fun-size candy bars, but Halloween has a side many people don’t consider: An increase in crime.

Unfortunately, something about this holiday causes some to take things too far and engage in criminal activity. Whether this describes you or you feel like you were wrongfully accused, here’s what you need to know if you’ve got caught up in the crime crackdown that seems to accompany Halloween in Illinois each year.

Common Halloween Crimes

What crimes tend to see an increase around Halloween? The most common in the state of Illinois include:

Theft

Theft in Illinois can range from a misdemeanor to a Class X felony, the most severe type of felony here. Illinois defines theft as obtaining or taking control over the property of another knowingly without their consent and with the intention of not giving it back.

What charge a person faces depends on the value of the property taken.

A Class A misdemeanor gets charged in most cases where the property is worth less than $500. It can result in up to 12 months in jail and fines of $2,500.

The most severe theft charge is a Class X Felony. This charge is reserved for property theft valued over $1 million. Someone convicted of a Class X felony can spend as much as 30 years in prison and receive fines of up to $25,000. Restitution is also often ordered to be paid for theft crimes as well.

Vandalism

Vandalism in Illinois is classified as criminal damage to property. The penalties are often determined by the type of property damaged, as well as the value of it.

Criminal damage occurs when a person commits certain acts without the property owner’s consent, such as damage to property, injuring a pet, damage to property through fire or explosion, or starting a fire knowingly on the land of another person, among other acts.

Property damage in Illinois can range in penalties and become harsher as the value of the property damaged increases. Penalties are also harsher if the property involved in the crime is a church or school.

In the least severe cases, property damage up to $300 is a Class A misdemeanor, which can result in fines and up to one year in jail. Penalties increase from there, culminating in a Class 2 felony for damage over $100,000. You can face up to seven years in prison and high fines if convicted.

Driving Under the Influence

Driving under the influence is one of the most common crimes in Illinois. The occurrence of it tends to increase around a major holiday like Halloween. It is illegal in the state to operate a motor vehicle with a blood alcohol content of 0.08 percent or higher.

The penalties depend on if you have any previous DUIs on your criminal record and your blood alcohol content at the time of your arrest. The penalties for this crime can range from one year behind bars to up to 30 years in prison.

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.

Assault is a serious crime, but it can be even more serious based on who it is that was assaulted, as two assailants in Chicago may soon find out.

A city alderman was assaulted by two men outside a late-night bar in River North recently. He is fine and said the whole altercation, which included him being knocked to the ground, punched, and kicked.

A bar employee broke up the incident and the two men fled the scene. The alderman chose not to call the police, but now an investigation is underway according to Chicago’s mayor.

Being charged with assault is one thing, but the charges can be elevated based on the identity of the victim. Here’s what you need to know about assault charges in Illinois and how the victim’s identity could spell major problems for defendants.

Assault in Illinois

Under Illinois law, assault is defined as intentional conduct that makes a person afraid of violence. Words by themselves are not considered assault in the state, but taking actions such as raising a hand to someone as if you were going to strike them can be.

Threatening to beat someone up or make someone reasonably afraid they’re going to be hurt are two instances that could result in assault charges this way.

You often hear assault paired together with a battery crime, but they are two separate things. Battery occurs when actual contact is made such as kicking, hitting, punching, or pushing someone else.

Punishment for Assault in Illinois

Simple assault in the state is considered a misdemeanor offense. But serious acts of assault are felony offenses. If convicted of assault, then you can face several possible penalties for this Class C misdemeanor such as:

• 30 days in jail
• Fines of as much as $1,500
• Two years probation
• Up to 120 hours of community service
• Payment of restitution to the victims

If found guilty of battery, you can face these possible penalties for a Class A misdemeanor:

• As much as one year in jail
• Fines of as much as $2,500
• Two years probation
• Payment of restitution to the victims

Aggravated Assault

You may look at the above penalties and think they’re not that bad, but if you are found guilty of aggravated assault, then you may see things from a whole new perspective. Aggravated assault is charged when:

• The victims is a police officer, firefighter, or government employee
• The defendant used caustic or flammable material to cause disfigurement
• The victim was over age 60 or was physically disabled
• The victim is a school employee or teacher and the crime took place on school property

Aggravated assault is a Class A misdemeanor and is punishable by up to one year behind bars and as much as $2,500 in fines. But if a weapon was used, then it becomes a Class 4 felony, punishable by up to three years in prison and fines of as much as $25,000.

Aggravated battery can be elevated to a Class 1 felony if the act was intentional. However, if a firearm is used it becomes a Class X felony in Chicago, which is punishable by up to 60 years in prison if they’ve had prior violations.

What may not seem like a big deal at the time can turn into some serious crimes in the end if someone you assault or batter turns out to be in a protected group. That should give anyone pause to think twice before they get involved in an altercation with another person.

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 crime trends of 2020 in Chicago were a bit surprising. While shootings at police officers increased, other crimes such as robbery were the lowest they’ve been in years.

This is thought to be an effect of the shutdown of much of the city due to the COVID-19 pandemic. Still, overall crime dropped a staggering 7 percent compared to the same 10-month period in 2019.

Still, robbery is an issue that many citizens of Chicago have to deal with or have been a part of. Here’s what you need to know about robbery charges in Illinois and the penalties that can be faced if found guilty of these charges.

What Is Robbery Under Illinois Law?

Under the law in Illinois, robbery is when a person takes the property of another with the use of the threat of imminent force or by force. It is considered a violent felony in the state, but it can be charged as either a Class 2 felony or a Class 1 felony.

In most cases, robbery is considered a Class 2 felony. But it will be charged as a Class 1 felony if the victim was handicapped or over age 60 or if the crime took place in a house of worship, nursing home, or daycare center.

Aggravated robbery can also be charged if the crime was committed while armed with a dangerous weapon or if the victim was given a controlled substance without their consent. In this case, it’s a Class 1 felony charge.

What About Armed Robbery?

You’ve likely heard the term armed robbery before and that is another robbery charge that can be faced in Illinois.

When a robbery is committed and a firearm is carried or discharged during the commission of the crime, then that is considered armed robbery.

It is a Class X felony in Illinois, and being found guilty can add many years onto a robbery sentence through an enhanced penalty – up to 15 years maximum.

Penalties for Robbery in Illinois

The penalties for the different levels of robbery charges are:

Class 2 Felony

This carries with it a prison sentence of up to seven years and fines of as much as $25,000 if convicted.

Class 1 Felony

This carries with it a prison sentence of up to 15 years and fines of as much as $25,000.

Defenses Against an Illinois Robbery

If you’re facing any level of robbery charges, then it’s important to understand your rights and to hire an attorney to help represent you in court.

Once your attorney knows the circumstances of your specific case, then they can work with you to formulate the best defense. Common defenses against robbery charges include:

Innocence

If you didn’t commit the crime, then you need to make that known to the judge, jury, and prosecution in your case.

Remember, in criminal prosecutions, it’s the job of the government to prove you are guilty. That is called the burden of proof and the case must be proven by them beyond a reasonable doubt.

Any evidence you can provide that you didn’t commit the crime will undermine their case and has a better chance of setting you free.

Entrapment

The other common defense to a robbery crime is entrapment. This defense can be a valid one when you have committed a crime, but it was because you were pushed by another person.

The key to its validity is the reasonable belief that you would not have committed the crime on your own. When this is true, then entrapment is an important defense option.

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.

Boats are pleasure vessels, but they also happen to be targeted for theft. Unfortunately, some boat owners feel their docked boats are secure, but that’s often far from the truth.

In fact, Chicago police have reported a rash of thefts from boats docked in Burnham Harbor just this summer. With certain high-valued items often left on boats, they can be an easier target for thieves than an owner might think.

Of course, making out with the loot fairly easily doesn’t necessarily mean a thief will get off easy. Learn here about how theft charges are determined and the penalties for them when it comes to things often stored on a boat.

Most Common Items Taken from Boats

Boat owners keep an array of items on their boats, from first aid kits to high-priced electronics. Thieves are commonly looking to take the higher-priced items from a boat that they can resell for a lot of cash. The most common items stolen from boats include:

Outboards

Small outboards are common on boats. They should be removed and stored securely to prevent theft. Larger outboards have locks that can be installed to deter theft as well.

Electronics

Many boat owners don’t bother with taking electronics home from their boats, making them prime targets for theft. Some boats have permanently installed electronics on board, but that doesn’t mean they can’t be removed and stolen as well.

Outdrives

Boat owners should also remove any outdrives from boats when docking or storing them. Locks can be used, but again, that will not deter a determined thief who is interested in cashing in on these expensive parts.

Theft in Illinois

In Illinois, theft is defined as taking control of any property you have not been authorized to, property that belongs to someone else, or obtaining property you know to be stolen by someone else.

What happens if someone is accused of theft in Illinois? Well, it depends on what is stolen. In this state, there are two types of theft a person can be charged with: misdemeanor and felony theft.

Misdemeanor Theft

If stolen property is valued at more than $500, then someone can be charged with a Class A misdemeanor. This is also commonly referred to as petty theft.

The penalties for this type of theft charge if found guilty are a prison sentence of up to one year and a fine of up to $2,500. They may also need to pay restitution for the losses associated with the crime.

Felony Theft

There are a few types of felony theft in Illinois. They are:

• Class 4 Felony Theft – This type of theft is usually associated with a Class A misdemeanor when looking at the value of the things stolen, but can be charged as a felony if the defendant has a criminal record of other theft-related crimes. The punishment for this felony level is up to three years in prison and fines up to $25,000.
• Class 3 Felony Theft – Taken property assessed at between $500 and $10,000 can result in this charge. This is punished by up to five years in prison as well as fines up to $25,000. Restitution can also be ordered.

There are other felony theft offenses that can be charged in Illinois for property valued over $10,000 but the law gets very complex surrounding these issues.

It should be noted, however, that as the dollar value of the property stolen increases, so do the punishments under the law and the seriousness of the charges.

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.

In Illinois, a person’s home and property are protected by the law from the unwanted intrusion of other people. That’s why there are separate laws in Illinois for criminal trespass and residential burglary.

If you’re unsure of the difference between these crimes, you’re not alone. Many people don’t understand what each crime is or what penalties they can each bring upon someone convicted of them.

So here’s what you need to know about criminal trespass and residential burglary, how they’re different, and what kind of penalties are associated with each.

What is Criminal Trespass?

Criminal trespass is defined as entering or staying on another person’s property without their authorization and it’s considered a criminal offense. That said, the key to charging someone with criminal trespass and proving it in court is intent.

In order for the trespass to be considered unlawful, the accused must:

• Have knowingly entered the property without permission from the owner
• Have remained on the property after understanding they were no longer welcome on it
• Have been directed by the property owner to stay off the property but ignored it, such as a posted sign, locked building, or fence securing the property

If you wander accidentally onto another person’s property, it won’t be considered criminal trespass because of your intent. However, ignoring signs that declare “no trespassing” as you walk onto someone’s property can be seen as criminal trespass.

In many cases, criminal trespass is a misdemeanor crime.

Residential Burglary

Residential burglary is defined as committing burglary upon the dwelling or residence of another person. As with criminal trespass, the established intent of the defendant matters.

If someone breaks into another person’s home for the purpose of stealing something, then that is considered residential burglary. It can be charged as a misdemeanor or a felony depending on whether the burglary was done with unlawful entry without force, forcible entry, or attempted forcible entry.

Burglary Tools

In Illinois, it’s also considered a burglary crime to possess tools that can be used to gain unlawful entry into another person’s home. This includes tools such as:

• Explosives
• Instruments used for break-ins
• Key
• Tools such as those to pick a lock

If a person is caught with any tools that can assist with burglary, then it can be inferred that they intended the tools to be used to help in the commission of the crime.

Sentencing for Burglary Crime Convictions in Illinois

Beyond basic trespassing, every burglary crime is classified as a felony. Penalties range from a few months to more than a decade behind bars and fines equalling thousands of dollars.

Residential Burglary

Residential burglary can be charged as a Class 1 felony. That makes it punishable by up to 15 years in prison.

Criminal Trespass

This is considered a Class 4 felony in Illinois if the residence is occupied, punishable by up to three years in prison.

If the property is not occupied, then criminal trespass can be charged as a Class A misdemeanor, which is punishable by up to one year in prison or two years of probation with formal supervision.

Burglary Tools

If found in possession of burglary tools, then a person can be charged with a Class 4 felony. This is punishable by up to three years in prison or up to 30 months on probation.

A key factor in prosecutors securing a conviction for entering an Illinois residence illegally is intent. Every single trespassing and burglary crime must have this element present in order to convict. What does this mean for you?

The right Chicago criminal defense attorney will be able to evaluate your case and determine where questions may lie when it comes to your intentions during the alleged commission of the burglary crime.

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.

To the Chicago residents packed tightly together at the Lake Shore Park field house this January, a rash of recent robberies is all that’s on their mind. They want to know how to prevent themselves from being targeted and what they can do to bring these robberies to an end. Most importantly, they want to know how police are going to help.

These concerned Chicago citizens have reason to worry. Robberies in the state have been on a steady decline since 2016, but robberies in some of Chicago’s most prosperous neighborhoods seem to be on the rise.

What many don’t realize is that it is not just the robberies themselves they should be worried about. Often, when a specific area is called out for crime, law enforcement officials tend to focus efforts there. This can lead to a decrease in criminal activities, but far too often crackdowns like these result in overzealous policing.

If you find yourself accused by the police – or even charged – what should you do? Here’s what you need to know about Illinois robbery law, charges, and associated penalties.

Illinois Robbery: What the Law Says

In Illinois, robbery is considered a violent crime. The state recognizes three different types of robbery charges: robbery, armed robbery, and aggravated robbery.

Robbery is defined as a person knowingly taking someone else’s property by threat or force.

Aggravated robbery is defined the same as robbery, but with a few more conditions such as:

• Threatening with a weapon – even if they don’t actually have a weapon on them
• Threatening another with a controlled substance
• Giving a controlled substance to another without consent

Armed robbery is committed when a robbery is committed and:

• A dangerous weapon is involved
• A firearm is involved
• A firearm is discharged
• A firearm is discharged and results in permanent disfigurement, bodily harm, permanent disability, or even death

Finally, if a robbery is committed and the property stolen is a motor vehicle, then a person can be charged with vehicular hijacking or aggravated vehicular hijacking if:

• The victim is disabled or over the age of 60
• There is a passenger in the vehicle under the age of 16
• A firearm was involved
• A firearm was discharged
• A discharged firearm resulted in bodily harm, permanent disfigurement, permanent disability, or death

How Illinois Penalizes Robbery

Every type of robbery is a felony in the state of Illinois. The type of robbery committed determines the felony level of the crime.

Class 2 Felony

Robbery is a Class 2 felony. If found guilty, you can be sentenced to 3-7 years in prison and a maximum fine of $25,000. Upon release from prison, there is a mandatory parole period of two years.

Class 1 Felony

If the victim of the crime was over the age of 60 or disabled or the crime occurred in a daycare facility, school, childcare facility, or place of worship, then it can be elevated to a Class 1 felony, punishable by 4-15 years in prison and a maximum fine of $25,000. It also carries the same parole period after release from prison as a Class 2 felony. Vehicular hijacking and aggravated robbery carry the same penalties as a Class 1 felony.

Class X Felony

Armed robbery is referred to as a Class X felony. The sentence for it is dependent upon the nature of the robbery and is punishable by anywhere from 6-55 years to life in prison. How heavy the sentence depends on the extent of the force used and/or the way the weapon was used during the crime. Class X felonies carry a maximum fine of $25,000 and a three-year mandatory parole period after release. Aggravated vehicular hijacking is a Class X felony as well.

As you can see, robbery is taken very seriously in Illinois. It’s important to know the legal penalties in case you ever get caught up in this situation, as well as what you can to do defend yourself and beat your charges.

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.

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.

Legally speaking, however, the terms describe three different and specific types of criminal offenses. If you’re facing criminal charges related to stealing something, you need to know the legal definition of each term.

Theft in Illinois

Illinois Statutes Chapter 720 §16-1 defines theft as obtaining the property of someone else through deception or without their permission. “Property” is defined as anything of value.

Theft of property in Illinois includes the following classifications:

• Class A Misdemeanor – property not taken from the person (directly from the person of another) and valued at $500 or less; punishment is less than one year in prison and up to $2,500 in fines.
• Class 4 Felony – property not taken from the person and valued at $500 or less and committed in a place of worship or school, or theft was of governmental property, or theft was committed by a person convicted of a similar crime previously; punishment is 1-3 years in prison and up to $25,000 in fines.
• Class 3 Felony – property taken from the person and valued at $500 or less, or not from the person and valued at $500-$10,000; punishment is 2-5 years in prison and up to $25,000 in fines.
• Class 2 Felony – property taken is valued at $10,000-$100,000; punishment is 3-7 years in prison and up to $25,000 in fines.
• Class 1 Felony – property taken is valued at $10,000-$100,000 and crime was committed in a place of worship or school, or theft was of governmental property; punishment is up to 15 years in prison and up to $25,000 in fines.

Robbery in Illinois

Illinois Statutes Chapter 720 §18-1 defines “robbery” as taking property by threatening to use force or by actually using force. Aggravated robbery, a Class 1 felony, includes the use of a firearm or other dangerous weapon. Robbery is usually a Class 2 felony, but it is considered a Class 1 felony if

• the victim is 60 years of age and over or has a physical disability, or
• the robbery occurred in a school, place of worship or daycare home or center.

Burglary in Illinois

Illinois Statutes Chapter 720 §19-1 states that a burglary is committed when, without authority, a person enters or remains in:

• a building or housetrailer
• a motor vehicle, railroad car, watercraft, or aircraft

Burglary committed in a building or housetrailer is a Class 2 felony. Burglary that causes damage to one of the listed modes of transportation is a Class 2 felony, and if no damage was done, a Class 3 felony. A Class 1 felony has been committed if the burglary occurred in a school, a place of worship, or a daycare home or center.

Statute of Limitations in Illinois

In general, misdemeanors in Illinois have a statute of limitations of 18 months. In other words, once 18 months have passed after the date of a crime, you can’t be charged with that crime. The statute of limitations for felony theft, depending on the value of property stolen, is 18 months, three years, or seven years.

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.

A Glendale Heights woman was recently accused of stealing the identities of more than two dozen victims to open fraudulent bank accounts, which she allegedly used to finance vacations and school tuition for her children.

She faces 52 counts of aggravated identity theft and 12 counts of identity theft, among other charges. If convicted, she faces a potentially decades-long sentence.

In another recent incident, a Cook County man was arrested and charged with identity theft after allegedly attempting to purchase a vehicle with fraudulent identification.

Regardless of the scope and nature of the alleged offense, identity theft is always a felony and is met with severe criminal consequences. Below we take a look at what constitutes identity theft in Illinois, and the penalties associated with a conviction.

Illinois Identity Theft Basics

Identity theft most often precedes financial crimes such as credit card fraud, and in these situations, offenders usually face charges for both identity theft plus the financial crime(s) in question. Illinois statutes specify that the following acts constitute identity theft:

• Use any identifying information or documents of another person to fraudulently acquire goods, credit, services or anything else of value
• Use any identifying information or documents of another person with the intent to commit a felony not specified above
• Obtain, record, sell, possess, transfer, purchase or manufacture any personal identification information or documents knowing that the information or document was stolen or produced without authority
• Use, transfer or possess any document-making materials to produce false identifications or false documents with the knowledge that they will be used by you or someone else to commit a felony
• Use someone’s personal identifying information or documents to portray yourself as that person, or to gain access to other personal identification information or documents without that person’s consent
• Use another party’s personal information or documents to gain access to their communications or records of transactions without their consent
• When applying for a building permit, provide the license number of a roofing or fire sprinkler contractor that you don’t intend to hire to perform the work in question.

In a nutshell, use the information or identification documents of another person with the intention of committing theft, fraud or another felony-level offense, risk being charged with identity theft in Illinois.

Illinois Identity Theft Sentencing and Penalties

Under Illinois law, all forms of identity theft are considered to be felonies. As with any theft crime, sentencing and penalties depend on the amount of money or value stolen. If convicted of identity theft, you can expect the following:

• Below $300: Class 4 felony punishable by 1-4 years of imprisonment
• $300-$2,000: Class 3 felony punishable by 2-5 years of imprisonment
• $2,000-$10,000: Class 2 felony punishable by 3-7 years of imprisonment
• $10,000-$100,000: Class 1 felony punishable by 4-15 years of imprisonment
• $100,000+: Class X felony punishable by 6-30 years of imprisonment

Many identity theft cases, like the one in Glendale Heights, involve multiple victims. When they do, the defendant usually faces separate counts of identity theft for each alleged victim.

Further, circumstances surrounding the crime are evaluated for aggravating factors that could subject the defendant to enhanced sentencing. If you were involved in identity theft crimes that involved any of the following the court will likely favor enhancement:

• The victim involved is 60 years of age or older
• The victim is mentally or physically disabled
• The identity theft was committed in furtherance of the activities of an organized gang
• You have prior identity theft convictions on your criminal record

In addition to these already-severe criminal consequences, civil damages may be sought by the victim(s), or the court may order payment of restitution to the victim(s).

Fighting Back Against Identity Theft Charges

Despite the seriousness of your identity theft charges, all is not lost. There are a number of defense strategies available, which could potentially get your charges dropped or reduced, or win you an acquittal at trial.

For example, your attorney may be able to argue that the prosecution’s evidence against you doesn’t sufficiently prove your guilt, or that you did not have specific intent to use identifying information for a criminal purpose.

Reach out to an experienced Chicago attorney with expertise in fraud defense to evaluate the specifics surrounding your case, and to craft the best possible defense strategy.

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.

Unless you’re okay with more than a decade behind bars and fines that amount to financial ruin, it’s imperative you take any auto theft charge you face very seriously.

Your first step is to educate yourself about the laws surrounding auto theft in Illinois, and potential defenses against these charges. Then, find an attorney who can help you build the right defense for your case.

In this post, we’ve provided a basic guide for what to do when charged with Illinois auto theft.

First, Find an Illinois Attorney with Auto Theft Experience

Auto theft is one of the most common property crimes in Illinois. Much like other types of property crime, there must be both action and intent. Professional legal consultation will allow you to better understand the law and how your situation fits.

In order to secure an auto theft conviction against you, prosecutors must prove beyond a reasonable doubt that you:

• Committed theft by exercising unauthorized control, using deception to gain control, or obtaining control of an auto you knew was stolen, and
• Intended to permanently deprive the owner of the auto

If the prosecution is unable to prove these two things, the charges will either be dropped or reduced to a lesser charge. Joyriding is a good example.

Next, Build Your Defense against Illinois Auto Theft Charges

Defenses for auto theft focus on disproving one or both of the above elements. The right strategy will depend on the specifics of your case.

When you meet with your lawyer, you’ll have the opportunity to share every detail and circumstance surrounding your situation. Remember, client-attorney privilege allows you to be completely honest about what’s going on.

Once a timeline has been established and the details filled in, you and your Chicago defense attorney will be able to begin building the best possible defense.

In the meantime, we detail commonly applied approaches and the contexts under which they may be used.

Lack of Evidence

The prosecution must prove beyond a reasonable doubt that you committed the theft in question. Circumstantial evidence is not sufficient for a conviction.

If your attorney feels that the evidence against you doesn’t conclusively prove that you committed this act, he or she may employ the lack of evidence defense.

Claim of Right or Ownership of Property

If you’re able to establish that you had a good faith belief that the auto in question was yours, or that you had the authorization to use it, you may have an affirmative defense.

Typically, defendants are able to provide evidence supporting a good faith belief — a bill of sale or promissory note if claiming the car is theirs, or even something as brief as a text message granting permission can serve as proven authorization to use the vehicle.

Lack of Intent to Permanently Deprive the Owner of the Car

Additionally, it may be possible to prove that you did not intend to keep the auto, thus striking the element of intent to permanently deprive the owner of it.

Say you left the car parked in plain sight to be easily found and returned to its owner (instead of submerged in a pond, for example). A possible argument exists for lack of intention of actual theft.

Similarly, returning the car to its owner is conclusive evidence you never intended to permanently take it. The incident could instead be joyriding, or criminal trespass to vehicles.

Entrapment

The entrapment defense applies when you did commit auto theft, but were induced to do so by a third party specifically so that you would be prosecuted. They compelled you to commit a crime you wouldn’t otherwise commit.

In any case, facing auto theft charges can mean playing with your life. If there’s no other lesson you take with you, it is that fighting back is a must. That and a skilled Chicago auto theft attorney will be able to determine the best possible course of action for your case.

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.

As time passes, it can become more and more difficult to provide clear, definitive evidence that a crime did or didn’t happen. Because of this, Illinois has created a statute of limitations for most criminal offenses – including theft. After a preset amount of time, you are no longer legally able to be charged with a crime.

Today, we’re going to share some general rules of thumb for the Illinois statutes of limitations in theft-related crimes, detail several specific statutes, and cover a few contributing factors for specific cases. Every person’s situation is unique, however, and the best way to understand what’s possible for you is to have an experienced Chicago theft lawyer review your case.

Theft Offenses in Illinois: General Rules of Thumb

The period for a statute of limitations typically begins the moment an alleged crime has been completed. For crimes spanning days, weeks, or longer – a criminal conspiracy, for instance – the clock would not start ticking until the last “overt act“ has been completed.

In our state, the statute of limitations depends on the severity of the crime (Statute 720 ILCS 5/16-1). As a general rule of thumb, misdemeanors typically have a statute of limitations of 18 months, while felonies can be prosecuted up to three years after the criminal act occurs.

Of course, some crimes don’t have statutes of limitations at all. In cases where no statute of limitations exists, the government can charge someone with the offense no matter how long ago it allegedly happened.

However, unless you are facing more severe charges than those associated with theft-related crimes, chances are there is a concrete statute of limitations for your case. For many theft crimes, the “rule of thumb” applies. Some do not adhere to this, though, so below we’re going to dive into specifics based on the charge you’re facing.

How the Statute of Limitations Applies to Specific Illinois Theft Crimes

Theft – In most cases, if the value of stolen property does not exceed $500, theft is considered “petty theft” and the crime will likely be classified as a misdemeanor. If the stolen property values more than $500 total, you may face felony charges.

Specifically, Illinois law outlines the statute of limitations will be 18 months, three years, or seven years depending on the exact value of property stolen, as well as other circumstances surrounding the crime.

Receiving Stolen Property – If you have been accused of possessing stolen property, not the actual theft, you will still be subject to the same statute of limitations as a theft charge.

Should the total value of stolen property not exceed $500, you will be charged with a misdemeanor, and any charges must be brought against you within 18 months or three years – depending on the exact value of property received.

Burglary – Burglary is always classified as a felony in Illinois, and charges must be brought against anyone accused of committing the act within three years in order to meet the statute of limitations.

Robbery – Our state always classifies robbery as a felony as well. In many cases, charges must be brought within three years. However, there may not be a time limit when the dollar value of the property stolen reaches into the hundreds of thousands of dollars.

Other Contributing Factors to the Length of an Illinois Theft Crime’s Statute of Limitations

There are plenty of additional contributing factors that can affect how the court interprets the end date of the limitations period. They can even deem parts of statutes of limitations unenforceable.

For instance, were you aware that a statute of limitations may “toll,” or pause? One example of such a case is if a crime is committed and then the suspect immediately goes into hiding for two years. Because he or she could not be found to face prosecution, the court may grant an additional two years to the statute of limitations.

Another scenario is when more than a single theft charge is brought against a person committing a single act. Or if it is determined that a crime can be classified as having occurred in more than one jurisdiction. When this happens, the statute of limitations may expire for one crime, but still leave a defendant open to prosecution for another criminal act – or for the same crime in a separate jurisdiction.

Even your right to a speedy trial can greatly affect a standard statute of limitations for a given crime.

If and when you are facing theft charges, it is very important that you understand how statutes of limitations apply to your specific theft-related crime, and what impact the circumstances surrounding your case may have on the standard time limits for bringing charges against you. It may mean the difference between continuing to live your normal life and spending time and money being processed through the Illinois court system and facing the prospect of being incarcerated.

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.

If you are facing charges of residential burglary in Illinois, you could suffer serious penalties if you are convicted. Read this post to learn how residential burglary is defined in Illinois, what penalties you could face, and how an experienced attorney can help you fight back.

Residential Burglary in Illinois

Under Illinois state law, residential burglary is defined in two ways:

“A person commits residential burglary when he or she knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another, or any part thereof, with the intent to commit therein a felony or theft.”

“A person commits residential burglary when he or she falsely represents himself or herself, including but not limited to falsely representing himself or herself to be a representative of any unit of government or a construction, telecommunications, or utility company, for the purpose of gaining entry to the dwelling place of another, with the intent to commit therein a felony or theft or to facilitate the commission therein of a felony or theft by another.”

(720 ILCS 5/19-3) (from Ch. 38, par. 19-3)

Importantly, burglary may not necessarily involve theft, which is a separate crime. You can face burglary charges even if you do not commit a crime while inside a residence.

Examples of residential burglary include the following:

• Entering your neighbor’s home with the intent to steal a computer or television
• Entering your family member’s home with the intent to start a fire
• Entering a stranger’s home with the intent to commit identity theft

To be convicted for burglary, the prosecution has the burden of proving that you entered into a residence illegally and that you intended to commit a crime while inside. “Entering” is defined quite loosely, as well – even if all you did was extend your arm, leg, or an object inside a residence, that may be enough evidence to constitute a burglary charge provided you did it intentionally and for the purposes of committing a theft or felony.

Serious Penalties for Illinois Burglary

Residential burglary is categorized as a Class 1 felony in Illinois. If convicted, you will face a sentence of four to 15 years in prison and a fine of up to $25,000. With consequences this serious, it’s important to consult with an experienced attorney as soon as charges are filed against you.

A felony conviction stays on your permanent record. It can have a negative impact on your ability to find employment, secure loans, or obtain quality housing. Convicted felons lose the right to bear arms or vote. You may not be eligible for certain licensing if you have a felony conviction.

To avoid these penalties, you must fight back with the help of an attorney, who may be able to get your charges reduced or dropped.

Avoiding the Penalties Associated with an Illinois Residential Burglary Conviction

Here are a few defense strategies a skilled Chicago criminal attorney may use to help you fight your burglary charges.

• You have a solid alibi.
• You had permission to enter the property.
• You had no intent to commit a crime while on the property.
• The prosecution cannot produce enough evidence against you.
• You were entrapped by law enforcement officials.
• Someone threatened harm to you or your loved one unless you committed burglary.

Will any of these defense strategies work for you? That’s hard to say without knowing the specific details of your case. With penalties as severe as the ones attached to residential burglary, though, you have to try.

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.