Is Retail Theft a Misdemeanor or Felony Offense in Illinois?

 Posted on December 21, 2023 in Theft

Retail theft, also known as shoplifting, is a serious offense that can have significant legal consequences. In the state of Illinois, the severity of retail theft charges depends on various factors such as the value of the stolen merchandise and any prior convictions. If you are facing retail theft charges, an experienced attorney can help you determine your options for defense.

Misdemeanor Retail Theft

Under Illinois law, if the value of stolen merchandise is less than $300, retail theft is typically charged as a Class A misdemeanor. This classification applies to most cases where people are caught stealing items from stores.

If convicted of misdemeanor retail theft in Illinois, you may face penalties including:

• Fines up to $2,500

• Up to one year in county jail

• Restitution to the store for any damages or losses incurred

It is important to note that even though misdemeanor offenses carry lesser penalties compared to felonies, they still have long-term consequences. A criminal record can affect your employment prospects and your personal life.

Felony Retail Theft

A person who is accused of stealing merchandise valued at more than $300 will face felony charges. Previous convictions for similar offenses or other aggravating factors may also cause retail theft to be charged as a felony.

Retail theft is a Class 4 felony in the following situations:

• A person is charged with the theft of merchandise worth less than $300 after a previous conviction for theft or other property crimes.

• A person is charged with retail theft by emergency exit of merchandise worth less than $300.

• A person is charged with a second offense of retail theft involving the use of a device to remove or shield against theft detection systems.

The penalties for a Class 4 felony conviction may include:

• Fines up to $25,000

• Imprisonment for one to three years

• Restitution to the store for any damages or losses incurred

Retail theft may be charged as a Class 3 felony in the following situations:

• The value of the allegedly stolen merchandise is at least $300.

• A person is charged with retail theft by emergency exit of merchandise worth less than $300, and they have previously been convicted of property crimes.

• A person is charged with organized retail crime in which they are accused of working together with others to steal merchandise and commit assault or battery or cause damage to property during the course of an alleged offense.

Following a conviction of Class 3 felony retail theft in Illinois, the penalties may include:

• Fines up to $25,000

• Imprisonment for two to five years

• Restitution to the store for any damages or losses incurred

Class 2 felony retail theft charges may apply in the following situations:

• A person is charged with theft by emergency exit of merchandise worth more than $300.

• A person is charged with organized retail crime in which they organize, manage, or supervise others in the theft of at least $300 worth of merchandise with the intent of reselling it.

The penalties for a conviction of Class 2 felony retail theft may include:

• Fines up to $25,000

• Imprisonment for three to seven years

• Restitution to the store(s) for any damages or losses incurred

Contact an Experienced Joliet Retail Theft Attorney

If you have been charged with retail theft in Illinois, it is crucial to consult with an experienced attorney who can protect your rights and provide you with effective defense strategies. At Law Offices of Jack L. Zaremba, P.C., we understand the complexities surrounding retail theft cases, and we are dedicated to helping our clients achieve favorable outcomes when they are facing accusations of shoplifting or other related offenses. To schedule a free consultation with our Will County retail theft defense lawyer, contact us at 815-740-4025.