, Stealing from a Car – Even an Unlocked One – Is Burglary in Illinois
, Stealing from a Car – Even an Unlocked One – Is Burglary in Illinois
X

FREE CONSULTATION

Thank you for your interest in The Law Offices of Andrew M. Weisberg. Please fill out the form below and we will be in touch soon

*Indicates Required Fields

, Stealing from a Car – Even an Unlocked One – Is Burglary in Illinois

Call Today for a FREE CONSULTATION

SE HABLA ESPAÑOL

(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

menu

X

, Stealing from a Car – Even an Unlocked One – Is Burglary in Illinois

(773) 908-9811

AVAILABLE 24 HOURS/7 DAYS

FOLLOW US:

Aggressive. Experienced.

Chicago Criminal Defense Attorney
Former Cook Country Felony Prosecutor

, Stealing from a Car – Even an Unlocked One – Is Burglary in IllinoisBlog Home

What Acts Count as Shoplifting in Illinois?

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

 

, Stealing from a Car – Even an Unlocked One – Is Burglary in Illinois

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.

Our Blog

Is Marijuana Legal Yet in Illinois? What Does the Law Say?

Drug Crimes | Drug Possession | Marijuana

The use of marijuana has been a controversial topic for decades.

Many have argued that the use of marijuana is a relatively harmless act and that criminalizing it is a waste of law-enforcement resources. On the other hand, even a small possession charge held severe consequences in most states. That is, until relatively recently.

Now, more and more states are beginning to review their current drug legislation and adjust policies so that they reflect modern attitudes. Illinois is one of [...]

Stealing from a Car – Even an Unlocked One – Is Burglary in Illinois

Burglary

For many, burglary and theft are two very different things – one just means taking things that don’t belong to you, while the other refers to breaking into a house or store to take those things. While there is some truth to that line of reasoning, it’s not completely correct. The legal definition of burglary can be much different, and more encompassing, than what most people often assume.

Take, for example, the case of three teenagers who were arrested in [...]

Law Offices of Andrew Weisberg