Retail Theft Defense in Illinois: FAQs
When faced with criminal charges, one of the most intimidating scenarios to confront is retail theft. To help you better understand this situation, we’ve compiled some frequently asked questions about retail theft defense in Illinois.
What Is Retail Theft?
According to Illinois statutes, retail theft involves the unauthorized taking of merchandise offered for sale in a retail establishment with the intent to deprive the merchant of its value. Other forms of retail theft include altering price tags, transferring goods between containers, or using deceptive practices to avoid full payment.
What Defenses Are Available Against Retail Theft Charges in Illinois?
Defenses can include:
- Mistake: Genuine forgetfulness, such as unintentionally walking out with unpaid merchandise.
- Lack of Intent: The absence of intention to deprive the merchant of the item’s value.
- False Accusation: Situations where the accused individual is wrongly identified or misunderstood.
- Improper Evidence Collection: Evidence against the defendant was illegally obtained or mishandled.
What Penalties Can I Face for Retail Theft in Illinois?
In Illinois, the penalties for retail theft depend on the value of the stolen merchandise.
If the value of the stolen merchandise is less than $300 and it is not taken from a person, you may face a Class A misdemeanor charge, which carries a maximum penalty of up to one year in jail and a fine of up to $2,500, plus restitution to the store owner.
If the value of the stolen merchandise is less than $300 and it is taken from a person, or if you use an emergency exit to escape, you may face a Class 4 felony charge, which carries a maximum penalty of up to three years in prison and a fine of up to $25,000, plus restitution to the store owner.
If the value of the stolen merchandise is more than $300 and it is not taken from a person, or if you have a prior conviction for any type of theft, robbery, burglary, or forgery-related offense, you may face a Class 3 felony charge, which carries a maximum penalty of up to five years in prison and a fine of up to $25,000, plus restitution to the store owner.
If the value of the stolen merchandise is more than $300 and it is taken from a person, or if you use an emergency exit to escape with more than $300 worth of goods, you may face a Class 2 felony charge, which carries a maximum penalty of up to seven years in prison and a fine of up to $25,000, plus restitution to the store owner.
In addition to these criminal penalties, the store owner may also seek civil damages from you for the full retail value of the stolen goods, plus a penalty of $100 to $1,000 and/or attorneys’ fees and court costs. If you are a minor, your parents or legal guardian may be held liable for these civil damages.
How Can Madelyn Daley & Associates Help?
Hiring a seasoned criminal defense attorney can significantly benefit your case. Madelyn Daley & Associates offers:
- Evidence Analysis: Assessing the legality and validity of the evidence presented.
- Negotiation Skills: Working with the prosecution to reduce charges or penalties.
- Guidance: Assisting you through the intricate legal process.
- Strategic Defense: Creating an effective defense strategy tailored to the specifics of your case.
Contact an Illinois Criminal Lawyer
A retail theft charge can have profound consequences on your personal and professional life. But you don’t have to handle it alone. Choose an attorney with a deep understanding of Illinois’ legal landscape and a dedication to your defense.
If you or someone you know is facing retail theft charges in Illinois, don’t hesitate. Reach out to Madelyn Daley & Associates online or call (618) 233-8885. Let us guide you through this challenging time.
