Theft Crimes Lawyer in Chicago
A theft charge can threaten your future. The right defense can protect your freedom, reputation, and record.


If you are facing a theft-related charge in Chicago or surrounding neighborhoods, you may be overwhelmed by the potential penalties and long-term consequences. Theft covers a wide range of offenses, from shoplifting to burglary, identity theft, and large-scale financial crimes. Every case carries risks, and even a first-time arrest can lead to jail time, fines, or a permanent mark on your record.
The team at Kovacevic Law defends clients against all forms of theft accusations and works to reduce or eliminate the charges wherever possible.
Understanding Illinois Theft Laws
Illinois defines theft broadly. Generally, theft occurs when someone intentionally takes or controls another person’s property without permission and behaves in a way that deprives that person of its use or benefits.
Under 720 ILCS 5/16-1(a), a person commits theft if they knowingly:
- Take or exert control over property without authorization
- Obtain property by deceiving another person
- Use threats to obtain property
- Possess property they know, or reasonably should know, is stolen
- Take control of property represented by law enforcement as stolen
To be guilty of theft, prosecutors must usually show two things:
- You intended to deprive someone of their property
- You used, concealed, or abandoned the property in a manner that caused that deprivation
Common Types of Theft Offenses
Illinois recognizes many theft-related crimes, including:
- Delivery Container Theft: Taking a package or delivered item that was not addressed to you.
- Retail Theft: Shoplifting or removing merchandise from a store without paying.
- Online Theft Crimes: Includes selling stolen goods online, online deception schemes, and electronic fencing operations.
- Identity Theft: Using someone else’s personal information to obtain money, goods, or services.
- Burglary: Entering a home, building, or vehicle with the intent to commit theft or another felony.
The broad nature of theft laws makes it difficult for many defendants to understand exactly what they have been charged with. A skilled attorney ensures your rights are protected and every possible defense is explored.
Penalties for Theft Crimes in Chicago
The punishment for a theft offense varies widely depending on multiple factors, including:
- The value of the property
- Whether the property was taken directly from a person
- The identity of the victim
- Whether a weapon was used
- The location of the theft
- Whether force or intimidation occurred
Illinois law outlines the following penalty ranges:
Class A Misdemeanor
Property valued under $500 (not taken from a person)
- Up to 1 year in jail
- Up to $2,500 in fines
Class 4 Felony
Property under $500 taken from specific protected locations such as a school, house of worship, or government building, or by someone with prior theft history
- 1 to 3 years in prison
- Up to $25,000 in fines
Class 3 Felony
Property worth $500 to $10,000, or property valued under $500 taken directly from a person
- 2 to 5 years in prison
- Up to $25,000 in fines
Class 2 Felony
Property worth $10,000 to $100,000
- 3 to 7 years in prison
- Up to $25,000 in fines
Understand Illinois theft laws and get clear guidance on protecting your rights after an arrest.
Class 1 Felony
Property worth $500,000 to $1 million
- 4 to 15 years in prison
- No probation available
Class X Felony
Property over $1 million
- 6 to 30 years in prison
- Up to $25,000 in fines
A conviction also exposes you to civil liability, which can include restitution, damages, and court costs.
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
Understand Illinois theft laws and get clear guidance on protecting your rights after an arrest.
Will I go to jail for a first-time theft offense?
It depends on the value of the property, your criminal history, and whether force was used. Many first-time offenders may qualify for probation or diversion programs.
Can I be charged even if I returned the property?
Yes, returning the item does not erase the crime if prosecutors believe you took it with wrongful intent.
What if the property was mispriced or I scanned it incorrectly?
If the incident was an honest mistake, your attorney can argue lack of intent, which is essential in a theft case.
I was accused of shoplifting but never left the store. Can I still be charged?
Yes, removing a tag, concealing an item, or passing all points of sale may be enough for a retailer to file charges.
What happens if the police claim I “should have known” property was stolen?
Illinois law allows prosecutors to file charges if they believe a reasonable person would have suspected the property was stolen. However, this is often subjective and open to challenge. Kovacevic Law can push back by showing you had no reason to believe the item was stolen and that the state cannot meet its burden of proof.