Can I Be Charged With a Felony for Shoplifting in Illinois?

 Posted on March 23, 2026 in Theft

In Illinois, a shoplifting charge can be elevated to a felony that carries real prison time and a permanent mark on your record, depending on the value of the merchandise involved and other circumstances.

Under 720 ILCS 5/16-25, retail theft in Illinois can be charged as a felony when the value of the merchandise exceeds $1,000, or under certain other circumstances, such as prior convictions. A single incident involving higher-end merchandise can result in a felony charge rather than a misdemeanor. If you are facing a retail theft charge in 2026, our DuPage County, IL shoplifting defense lawyers can help you understand exactly what you are up against.

What Is Retail Theft Under Illinois Law?

Retail theft is broader than most people realize. It includes taking merchandise without paying, altering or removing price tags, under-ringing merchandise at self-checkout, switching containers to pay a lower price, using a device to prevent a security tag from detecting theft, and returning stolen merchandise for a refund or store credit.

You do not have to leave the store for a retail theft charge to apply. In Illinois, the intent to deprive the merchant of the merchandise without paying the full value is enough. This means that someone caught concealing merchandise before reaching the exit can still be charged.

When Does Shoplifting Become a Felony in Illinois?

The value of the merchandise is the biggest factor in whether a retail theft charge becomes a felony. Retail theft of merchandise worth $1,000 or less is generally a Class A misdemeanor. When the value exceeds $1,000, the charge becomes a Class 4 felony, which carries a sentence of one to three years in prison and fines up to $25,000.

Prior convictions also matter. If you have a prior retail theft conviction on your record, even a theft of merchandise worth $1,000 or less can be charged as a Class 4 felony. The law treats repeat offenses much more seriously than first-time incidents.

What Are the Long-Term Consequences of a Felony Retail Theft Conviction?

A felony conviction for retail theft does not just mean possible prison time. It can follow you for the rest of your life. The long-term consequences include:

• Difficulty finding employment, as many employers conduct background checks and may refuse to hire someone with a felony conviction

• Loss of certain professional licenses, which can end careers in fields like healthcare, education, and finance

• Difficulty renting housing, as many landlords screen for felony convictions

• Loss of the right to possess a firearm

• Immigration consequences for non-citizens, including potential deportation

Even a misdemeanor retail theft conviction can show up on a background check and affect your future opportunities. Hiring an experienced criminal defense attorney from the beginning is critical.

What Are the Possible Defenses to a Retail Theft Charge in Illinois?

Several defenses may apply depending on the specific facts of your case. Common defenses include:

• Lack of intent, arguing that you did not intend to steal and that the incident was a mistake or a misunderstanding

• Challenging the value of the merchandise, which can determine whether the charge is a misdemeanor or a felony

• Challenging the evidence, including whether store surveillance footage clearly identifies you or proves the alleged conduct

• Constitutional challenges, such as arguing that evidence was obtained through an unlawful stop or search

An attorney will review every detail of the case, from how the incident was observed to how the evidence was gathered, to build the strongest possible defense on your behalf.

Contact Our Kendall County, IL Retail Theft Defense Attorneys

A shoplifting charge, especially a felony, is something you should never try to handle on your own. At Ramsell & Kunowski, L.L.C., our attorneys have handled over 20,000 misdemeanor and felony cases and have argued matters before both the Illinois Supreme Court and the Supreme Court of the United States. We also have a strong appeals division, so if your case requires further review, we are prepared to take it as far as it needs to go.

If you are facing a retail theft charge, call our DuPage County, IL shoplifting defense lawyers at 630-786-6062 today. We have a 24-hour a day answering service to ensure we are always available for our clients.