Under 720 ILCS 5/16-25, retail theft in Illinois covers a wide range of criminal offenses from pickpocketing to fraudulently returning stolen goods for credit. The value of the retail theft is often what determines if the crime is charged as a misdemeanor or a felony. While merchandise under $300 will usually be tried as a misdemeanor, prior convictions and other factors surrounding the details of a case can mean higher charges. For instance, if you drive off with more than $150 worth of stolen gas, you are going to face felony charges.
It isn’t just criminal punishments that you will face if you are arrested, charged, and convicted of retail theft. You may even face civil liability for taking and misusing merchandise you did not buy.
Examples of Retail Theft
It is essential that if you are charged with retail theft, the prosecution proves you acted with intent and knowingly. For example, if you left the grocery store and you failed to pay for a canned vegetable because you accidentally missed it while you were checking out, it is likely not going to result in retail theft charges. On the other hand, if you run into a store and start grabbing merchandise and stuffing it into your bag before you run out, then this is going to be considered retail theft.
However, that is not the only type of retail theft that exists. Consider the following:
- Altering or changing price tags to obtain a lower price on an item.
- Repackaging merchandise into other containers to obtain a lower price on the item.
- Any employee or customer using self-checkout who intentionally scans items at a lower price than they are actually marked.
- Bringing stolen merchandise back to a store to obtain cash or store credit.
- Using theft detection tools to block security sensors so you can unlawfully take merchandise.
Penalties for retail theft can include fines of $2,500 or more. You may also have to spend time, one to many years, behind bars.
Possible Legal Defenses for Retail Theft
It is always recommended to have your case reviewed by a criminal defense attorney who can provide you with a greater understanding of what the potential legal consequences may be. Also, an attorney can scrutinize the details of your case to determine the best possible course of action and defense.
The Schaumburg theft defense attorneys at Glasgow & Olsson can help you if you are suspected of retail theft in Illinois.
Some possible defense strategies may include:
- Mistaken identity-weak evidence that can’t conclusively show that you are actually the individual who committed retail theft.
- Procedural errors by law enforcement
- Compulsion-you committed the offenses because you were under genuine threat, and it was imminent.
- Necessity-where you reasonably believed that your conduct was necessary to avoid any greater harm to others, your dire situation was not of your own doing, and was what forced your actions.
Get Qualified Legal Help Today
Retail theft can be complicated. The repercussions of a conviction can lead to expensive fines and time behind bars, at the very least. If you are suspected of committing retail theft in Illinois, speak to an attorney as soon as possible.
At Glasgow & Olsson, we are widely recognized as a leading authority in Illinois criminal law. For this reason, Attorney Thomas T. Glasgow is a trusted legal voice who is regularly invited to appear on major networks, including ABC, CNN, NBC, CBS, and Fox News.
When you need an attorney, experience matters.
Speak with our Chicago criminal defense attorneys today and learn how decades of trusted experience can protect what matters most to you.