Retail Theft/Shoplifting

Charged with Retail Theft in Chicago? Attorney Andrew M. Weisberg Can Help

Being accused of retail theft in Illinois is no minor issue. A conviction can affect your freedom, your record, and your future opportunities. While some cases are charged as misdemeanors, others rise to the level of felonies, bringing harsh penalties and long-term consequences. In recent months, Cook County prosecutors have adopted a far tougher approach to retail theft, making it more important than ever to have an experienced lawyer protecting your rights from the very beginning.

If you have been charged with shoplifting or retail theft in Chicago, you need a defense attorney who understands how these cases are now being handled. Andrew M. Weisberg, a former Cook County prosecutor, draws on his inside knowledge of the criminal justice system to fight these charges and pursue the best possible outcome for every client.

How Illinois Defines Retail Theft (720 ILCS 5/16-25)

Illinois law defines retail theft as knowingly taking, transferring, or altering the price of merchandise with the intent to deprive the merchant of full payment. Common examples include:

• Taking merchandise from a store without paying
• Altering or switching price tags to pay less than the full price
• Concealing items in a bag, purse, or clothing with intent to steal
• Using a fraudulent credit card or bad check to make a purchase
• Removing a shopping cart from a store’s property
• Assisting another person in committing retail theft

The seriousness of the charge depends on the value of the merchandise and the accused person’s prior record.

Cook County’s Tougher Retail Theft Policies

Until recently, prosecutors in Cook County generally required the value of stolen items to exceed $1,000 before filing felony charges. That policy changed when the new State’s Attorney took office in December 2024. Now, any alleged theft exceeding $300 is being charged as a felony.

This shift means that individuals who once faced misdemeanor charges are now being prosecuted as felons, exposing them to:

• A permanent felony record that can limit employment, housing, and licensing opportunities
• Longer potential jail or prison sentences
• Less flexibility in plea negotiations and fewer diversion options

In addition, prosecutors are now far less likely to offer deferred prosecution, court supervision, or diversion programs. The result is a much more aggressive environment for anyone accused of retail theft in Cook County.

Penalties for Retail Theft in Illinois

The penalties vary according to the value of the property and prior convictions:

Misdemeanor Retail Theft (under $300)
• Class A Misdemeanor
• Up to 364 days in jail
• Fines up to $2,500
• Possible probation, community service, or court supervision

Felony Retail Theft ($300 or more)
• Class 4 Felony – Theft over $300 but under $10,000: 1 to 3 years in prison and fines up to $25,000
• Class 3 Felony – Theft over $10,000 but under $100,000: 2 to 5 years in prison
• Class 2 Felony – Theft over $100,000 but under $500,000: 3 to 7 years in prison

For organized retail crime or repeat offenders, prosecutors may pursue even harsher sentencing ranges.

How Andrew M. Weisberg Builds a Retail Theft Defense

In the current prosecutorial climate, it is vital to have a defense lawyer who can challenge the State’s evidence and strategies from every angle. Andrew M. Weisberg uses his background as a former Cook County prosecutor to analyze the case the same way the State will—and then to dismantle it. Depending on the facts, possible defenses may include:

• Lack of intent. The prosecution must prove intent to permanently deprive the store of property. Accidental concealment, distractions at self-checkout, or misunderstandings do not constitute theft.
• Mistaken identity. Surveillance video and eyewitness accounts are often unclear or unreliable. Any doubt about who committed the act can weaken the State’s case.
• Violation of rights. Evidence obtained through an illegal search, detention, or interrogation may be suppressed.
• Unreliable store evidence. Loss-prevention staff or security personnel sometimes violate procedure or mishandle evidence, calling its credibility into question.
• Charge reduction or negotiation. When appropriate, Mr. Weisberg works to reduce a felony charge to a misdemeanor, protecting your record and your future opportunities.

Why Experience Matters in a Chicago Retail Theft Case

With Cook County prosecutors pursuing these cases more aggressively, having the right attorney can mean the difference between a conviction and a dismissal. Andrew M. Weisberg has decades of experience defending theft charges of every level. His insight into prosecutorial tactics allows him to anticipate the State’s approach, negotiate effectively, and protect his clients through strategic, determined advocacy.

If you or someone you care about has been charged with retail theft in Chicago, do not delay. Early intervention often makes the biggest difference in the outcome of your case.

Contact Andrew M. Weisberg for a Free Consultation

If you are facing retail theft or shoplifting charges, call Andrew M. Weisberg today to discuss your situation and begin developing a strong defense strategy.

Call (773) 908-9811 or complete the online Case Review Form for a free consultation.

Under the new Cook County policies, retail theft is being treated more seriously than ever before. Let Andrew M. Weisberg protect your rights, your record, and your future.