When Is Shoplifting a Felony in Illinois?

 Posted on July 12, 2024 in Theft

While shoplifting is certainly a problem for retailers, employee theft causes greater losses. Regardless, shoplifting is a crime that can be prosecuted as a misdemeanor or a felony, depending on the surrounding circumstances. It is estimated that at least five percent of all customers shoplift at one time or another, yet only about 5-10 percent are caught.

Of those caught, only a small percentage are reported to the police, and even fewer are sentenced. While women are not necessarily more likely to shoplift, they are more likely to get caught. Adult shoplifters are more likely to steal multiple items at once than teenage shoplifters.

There are cases, however, when shoplifting results in far more than a fine—and can even result in a felony conviction, which brings its own set of collateral consequences. An Oakbrook Terrace criminal defense attorney can help an individual charged with felony shoplifting receive the best outcome possible. A skilled lawyer may be able to have the charges reduced to a misdemeanor or dropped altogether.   

What Is "Serial Shoplifting"?

The Illinois statute for retail theft details the different levels of retail theft along with the penalties. A person who steals merchandise from a retail store on multiple occasions is labeled a serial shoplifter. Depending on the jurisdiction and the prosecutor handling the case, the specific number of times a person must steal to be considered a serial shoplifter can vary. While the number of times a person steals may put the "serial shoplifter" term into play, whether shoplifting is a misdemeanor or felony is dependent on the value of the stolen merchandise.

• If the value of the stolen merchandise is less than $500 and is taken from a store rather than a person, the charges are a Class A misdemeanor.
• A Class 4 felony can be charged if the stolen merchandise is less than $500, was not taken from a person, and the items were taken from a place of worship, school, or government agency, or the offender has a prior conviction for some type of theft, burglary, or robbery.

A shoplifter who has a prior conviction could be charged with a felony offense. Penalties for a Class A misdemeanor conviction include a jail sentence of less than one year and a fine of up to $2,500 for each offense. Penalties for a Class 4 felony are from one to three years in prison and a fine as large as $25,000.  

Potential Defenses to Shoplifting

Those charged with shoplifting or serial shoplifting need immediate legal assistance. Not only could these charges result in such severe penalties as jail, prison, and steep fines, but there are additional consequences that can potentially last for many years or even a lifetime. Finding employment becomes exponentially more difficult with shoplifting charges showing up in background checks, and it can also be difficult to rent a home, obtain a federal student loan, get a professional license, or even own a gun. While every situation is different, some of the potential defenses to shoplifting include:

• There was no intent to deprive the merchant of the value of the merchandise because it was accidentally taken or the defendant intended to return the merchandise later.
• There was a problem with the identification—the retailer did not have a clear view of the theft or may have otherwise misidentified the suspect.
• The search was illegal. The Fourth Amendment protects citizens from unreasonable searches and seizures. If a person was detained without probable cause or store personnel conducted an illegal search, any evidence obtained from those actions could be inadmissible.
• The person accused of shoplifting has a diagnosed mental health disorder, which contributed to their actions.

A first-time shoplifting offender could qualify for a diversion program that could include counseling, community service, or restitution in exchange for the charges being dismissed.

Contact a Chicago, IL Criminal Defense Attorney

If you have been charged with shoplifting, do not take the charges lightly. Even a misdemeanor charge could haunt you for many years, and a felony charge could adversely change the course of your life. A Rolling Meadows, IL criminal defense lawyer can assess your situation and clearly lay out your options. An attorney from Hartsfield Law has a diverse background from the Will County Public Defender’s Office to teaching courses to pre-trial detainees at the Cook County Department of Corrections. For a free consultation, call Hartsfield Law at 312-345-1700.