Retail Theft Lawyer in Chicago
Retail theft charges in Illinois carry serious consequences; understanding the law is the first step in protecting yourself.
Illinois prosecutors take retail theft seriously, and even a first-time accusation can come with harsh penalties. At Kovacevic Law, we routinely defend clients facing shoplifting charges across the Chicago area including DuPage County, Skokie, Rolling Meadows, and more. With extensive experience in Illinois retail theft cases, we know how to identify weaknesses in the prosecution’s evidence and work to reduce or dismiss the charges whenever possible.
Under Illinois law, retail theft occurs when a person knowingly takes or exerts unauthorized control over merchandise or attempts to pay less than the full retail price. These cases don’t require someone to physically leave the store with the item, intent can be inferred from actions inside the store.
Common Conduct That Leads to Retail Theft Charges
Illinois statute 720 ILCS 5/16-25 outlines several actions that may result in charges, including:
- Moving or concealing merchandise in a way that shows intent to steal
- Altering or removing price tags to underpay
- Under-ringing by a cashier or accomplice
- Using false information to obtain refunds or store credit
- Keeping leased or rented property beyond the return period
- Possessing theft-detection shielding devices
- Removing a shopping cart from store property
Illinois law allows prosecutors to use circumstantial evidence such as surveillance video or store personnel testimony to prove intent.
Penalties for Retail Theft in Illinois
The seriousness of the charge depends on the value of the merchandise, the circumstances of the incident, and whether the accused has prior theft convictions.
- Under $500: Class A misdemeanor, up to 1 year in jail
- Using an emergency exit: Class 4 felony
- Prior theft convictions: Class 4 felony
- Theft from $500–$10,000: Class 3 felony
- Large-value thefts or multiple thefts over time may be enhanced into felony charges
In addition to criminal penalties, stores may pursue civil damages, including restitution and attorney’s fees.
What Store Security Can Legally Do
Private loss-prevention staff cannot arrest you, but they can detain you briefly in a reasonable manner to investigate suspected theft. This may include isolating you in an office, questioning you, or contacting police. Their actions and whether they followed proper procedures can become a key part of your defense.
Once the incident occurs, stores often issue bans from the premises, even if charges are later dropped.
For a free legal consultation with a Criminal Defense lawyer serving the Chicagoland area, call (312) 344-3340.
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Frequently asked questions
Get clear answers to common questions about retail theft charges.
Can I be charged with retail theft even if I never left the store?
Yes, Illinois law allows charges the moment you exert control over merchandise with the intent to deprive the store of its value. Kovacevic Law can help challenge whether the prosecution truly has evidence of intent.
Will a retail theft conviction go on my permanent record?
Yes, retail theft is a criminal offense that will appear on background checks. However, depending on the case, Kovacevic Law may be able to pursue dismissal, diversion, or other outcomes that protect your record.
Can retail theft be charged as a felony?
Absolutely, prior convictions, use of an emergency exit, or the value of the property can elevate charges to a felony. An attorney can often negotiate reductions early in the case before formal charges are finalized.
What should I do if store security detained me?
Stay calm and avoid making statements. Anything you say can be used against you later. Contact Kovacevic Law immediately so we can assess whether your detention or questioning violated your rights.
Should I speak to police before calling an attorney?
No, police may try to gather statements that strengthen the case against you. You should always speak with Kovacevic Law before answering questions so your rights and defenses are protected.