If the item (s) stolen were valued at $300 or less, then this form of retail theft is a Class A misdemeanor. It's punishable by up to one year in jail and a fine of up to $2,500. If the stolen merchandise has a value greater than $300, then the defendant may be charged with a Class 4 felony.
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(720 Ill. Comp. Stat. § 5/16-10 (2020).) A person also faces civil penalties for a retail theft that involves trying to carry away merchandise or obtain the merchandise for less than full value. A store owner can seek civil damages (in civil court) in the amount of: attorneys' fees and court costs.
Classifying Theft Offenses in Illinois. The theft of property valued at $500 or less is considered a Class A misdemeanor in Illinois (as long as the property is not taken directly from the person of another). (720 Ill. Comp. Stat. §5/16-1 (b) (1).) This level of theft is commonly known as petty theft.
You will be charged with a misdemeanor retail theft if the amount that you stole is less than $300. Retail theft is a class A misdemeanor that carries the potential punishment of up to 364 days in jail and a maximum fine of $2500.
In Illinois, petty theft is when you knowingly steal or obtain control over the property with the intent to permanently deprive the owner of that property. You will be charged with petty theft if the amount you stole does not exceed $500.
The following is a breakdown of the theft crime penalties in Illinois: Class A misdemeanor theft – The theft of property worth a maximum of $500 and not stolen from a person is a Class A misdemeanor, which carries a jail sentence of up to less than one year and a maximum fine of $2,500.
These are punishable by one to three years in prison and as much as $25,000 in fines. Retail theft of the items that have a retail value of more than $300 is a Class 3 Felony. This is punishable by between two to five years in prison. Those convicted for this Class 3 Felony also have to pay up to $25,000 in penalties.
If you are charged with retail theft, any amount over $300 is a felony in Illinois. If you are charged with theft, any amount over $500 is a felony in Illinois.
The penalties for retail theft in Illinois were adjusted as of January 1, 2011. When the merchandise has a total value under $300.00, the charge is filed as a Class A Misdemeanor. Class A Misdemeanors are punishable by up to 12 months in jail and a $2,500 fine.
Can you Expunge or Seal a Retail Theft Case? Misdemeanor Retail theft cases can be expunged or sealed. Even felony retail theft cases can be expunged if you receive the right type of probation or disposition of your case.
Theft of amounts greater than $500, robbery, and burglary are chargeable as felonies, typically with a statute of limitations of three years. Certain specific crimes have a longer statute of limitations. Forgery has no time limit. Theft of property exceeding $100,000 has a statute of limitations of seven years.
In the State of Illinois, a shoplifting or other retail theft charge can become a felony under many different circumstances, with very low relative value. Retail theft is the act of taking something from a retail establishment without tendering the proper payment for it.
A first-degree misdemeanor can cost you up to five years in jail, while a third-degree felony can come with a seven-year sentence.
A Class 1 Felony in Illinois is the 2nd most serious class of felonies in the State of Illinois. This class of felony involves very serious crimes, such as criminal sexual assault, possession of heroin/cocaine/opioids and theft that was valued from $10,000 to $100,000.
And so, even a first offense of retail theft can be a felony if the person has a prior offense that triggers the enhanced penalty. A Class 4 felony has a sentencing range of 1 to 3 years in prison. But the defendant can receive probation instead. This is an overview of the retail theft law in Illinois.
If you're caught shoplifting, there are many possible consequences, some short term and others long term. Please click here for information on the powers of store detectives in relation to shoplifting. The possible consequences of being caught shoplifting are: You may end up being arrested and taken into custody.
The distinction between whether theft is a misdemeanor or a felony is dependent on the value of the cash or property stolen. Many states classify theft of up to $500 as a misdemeanor and theft of larger amounts as a felony. If convicted of a misdemeanor, possible jail time can include one year behind bars.
In plan English, under Illinois law the crime of theft occurs any time someone's actions result in the unauthorized taking of property or services,...
For the most part, Illinois criminal statutes classify theft offenses according to the dollar value of the property or services taken -- and someti...
Theft offenses involving property valued at more $10,000 raise potential issues that are too complex to cover here. Basically, as the dollar value...
In addition to criminal penalties, a person who commits retail theft (or the parent or legal guardian of a minor who commits retail theft) is civil...
Retail theft is a class A misdemeanor that carries the potential punishment of up to 364 days in jail and a maximum fine of $2500.
In Illinois, petty theft is when you knowingly steal or obtain control over the property with the intent to permanently deprive the owner of that property. You will be charged with petty theft if the amount you stole does not exceed $500.
The main difference between theft and retail theft is who you are stealing from and the amount you are stealing. If you are caught stealing from a retail establishment then you will be charged with shoplifting or retail theft. If you are caught stealing from a private person or anyone other than a retail establishment then you have committed theft.
If you have a prior theft conviction in Illinois than any amount of money under $300 will still be a class 4 felony. You could steal a pack of gum and if you have a prior theft conviction then you will be charged with a class 4 felony. A class 4 felony is punishable by 1 to 3 years in prison with a maximum fine of $25,000 and any amount ...
If you got caught stealing and you were arrested, the police officer will assign you a court date. You may be wondering if you need a retail theft lawyer to help you defend the charges. The short answer is that you most likely will need a lawyer.
A Class three felony offense is punishable by 2 to 5 years in prison with a maximum fine of $25,000 and repayment of restitution. Furthermore, the theft will go on your record forever and you may not be able to get it expunged.
If you are charged with retail theft, any amount over $300 is a felony in Illinois. If you are charged with theft, any amount over $500 is a felony in Illinois. If you are wondering, “What is the difference between shoplifting and retail theft?”. There is effectively no difference between them in Illinois, they are the exact same charges.
Illinois' Definition of Theft. Under Illinois law, a person commits theft by: knowingly taking or obtaining control over another's property. without authorization (including using threats, using deception, or knowing it's stolen), and. with intent to permanently deprive the owner of their property.
A Class 3 felony theft involving $500 to $10,000 of stolen property or services increases to a Class 2 felony if: the property stolen was a rent payment or security deposit and the offender falsely posed as a landlord. A person also commits a Class 2 felony by stealing property or services:
A person also commits a Class 2 felony by stealing property or services valued between $100,000 and $1,000,000.
A person commits retail theft by doing any of the following, with intent to steal or pay less than full retail price for the merchandise: takes possession of or carries away merchandise. alters, removes, or switches price tags or other price markings. transfers merchandise from one container to another.
Illinois criminal statutes classify theft offenses according to the value of the property or services stolen, as well as the circumstances involved in the theft.
Punishment for a Class 4 felony is typically a sentence of one to three years' prison time, a fine not to exceed $25,000, and payment of restitution for losses associated with the theft.
valued at $5,000 and taken from a victim age 60 or older. A Class 2 felony conviction generally carries a sentence of imprisonment ranging from three to seven years in prison and a fine up to $25,000, plus payment of restitution for losses associated with the theft.
The consequences for a retail theft conviction, or even an arrest, go beyond just the fines and jail or prison time. Once you have a criminal record, especially a felony record, it can make it difficult to obtain a job or a professional license. The retailer can sue you civilly ...
If you have a criminal history involving theft, then retail theft can be charged as a Class 4 felony. This crime could be punishable by between three to six years in prison. If the value of the property stolen is more than $300, the crime could be charged as a Class 3 felony, punishable by up to five years in prison and a $25,000 fine.
Anything worth less than $300 is a Class A misdemeanor. The penalty is up to a year in jail and a $2,500 fine.
This means that retail theft is more than just taking something and leaving the store without paying for it. Actions such as price switching, exchanging merchandise that was stolen, or trying to confuse a cashier and get the wrong change back are additional forms of retail theft.
If you return to the store, even as a paying customer, you can be arrested and charged with criminal trespassing. If you have been charged with retail theft, then you need to speak with an experienced and knowledgeable Wheaton criminal defense lawyer. Do not talk to anyone about your case until you speak to a lawyer.
Most people would consider shoplifting to be a minor crime, but even small time theft like shoplifting can have serious consequences. Shoplifting and other types of retail theft involves more than just taking something without paying for it.
Illinois does not have a statute titled shoplifting. Instead, shoplifting is classified under the retail theft provisions of the law. The statute makes it illegal to take or obtain merchandise from a retail establishment with the full retail value of the merchandise.
Retail theft used to be codified under 720 ILCS 5/16A-13. The new statute is 720 ILCS 5/16-25 which became effective on January 1, 2012. This article also encompasses the changes from 2011 that increased the cutoff for misdemeanor retail thefts from $150 to $300.
The law provides that the store can collect up to $1,000 in addition to the value of the goods taken, as well as legal fees.
It is a Class 4 felony (1-3 years prison) to leave through an emergency exit on the first offense, regardless of value, and a Class 3 felony (2-5 years prison) on the second. See 720 ILCS 5/16-25 (b).
However, if the defendant does not remit payment, the letter threatens to sue the defendant for up to $1,000 as well as all legal fees associated with the collection of the fee. All too often defendants believe that if they pay the penalty, the case will be dropped. This is not true.
It is retail theft for a person who is renting property to keep the property after the lease is over and failing to return it or pay the full retail value within 10 days of written demand for its return. For example, a person renting a television who fails to return the television after breach of contract to the store may be guilty of retail theft.
If the accused is caught leaving the premises with goods hidden in a bag, purse, or under his clothes, then it is presumed that the person was stealing. The issue is whether the person had already past the last pay station (eg, cashier). If so, the it is presumed to be theft.
If the defendant has a prior offense of retail theft, or any theft-related offense such as robbery, armed robbery, residential burglary, possession of burglary tools or home invasion, the offense is automatically a Class 4 felony.