St. Charles Retail Theft Defense Lawyers

Respected Retail Theft Defense Attorneys Helping Clients Defend Against Shoplifting Charges in St. Charles, Illinois

Retail theft is one of the most common theft-related crimes that people may be arrested for in Illinois, but it is also one of the most misunderstood. Many people assume retail theft is a minor offense, especially if items that were allegedly stolen have a low value. In reality, a retail theft conviction can lead to serious criminal penalties, including jail or prison time, substantial fines, and a permanent criminal record that may affect a person's employment, professional licenses, immigration status, and other areas of their life.

Prosecutors in Illinois take charges of shoplifting and retail theft seriously, especially in situations involving repeat offenses or charges of organized retail crime. Legal representation is essential for anyone who has been charged with a retail theft offense. At Ramsell & Kunowski, L.L.C., our attorneys have defended thousands of clients against a wide variety of criminal charges, including theft and other property crimes. We understand that many retail theft charges arise from misunderstandings, financial hardship, or momentary lapses in judgment. We can provide a strategic defense focused on protecting our client's rights, reputation, and future.

What Is Considered Retail Theft Under Illinois Law?

A person may be charged with retail theft if they take merchandise from a retail store with the intention of not paying the full retail value of the merchandise. Retail theft can occur in several different ways, including:

• Physically removing items from a store without paying
• Switching price tags or labels to pay less than the retail price
• Concealing merchandise in bags, clothing, or strollers and exiting a store
• Using a self-checkout system to scan some items but not others
• Returning stolen merchandise for store credit or a refund
• Tampering with anti-theft devices
• Taking merchandise and leaving a store through an emergency exit
• Refusing to return items that have been rented or leased

Even if a person never leaves the store, retail theft charges may apply if prosecutors believe there was an intent to steal or avoid paying full value.

Misdemeanor vs. Felony Retail Theft Charges

The severity of a retail theft charge in Illinois depends primarily on the value of the property that was allegedly stolen and whether the defendant has any prior theft convictions. Theft of merchandise valued at less than $300 will usually result in Class A misdemeanor charges for a first offense. If convicted, a person may be sentenced to up to 12 months in jail, and they may be required to pay fines as high as $2,500. They may also be required to pay restitution for the items that were allegedly stolen.

Retail theft may be charged as a felony in certain situations. A second conviction of retail theft of items valued at less than $300 after a previous conviction of any theft-related offense is typically charged as a Class 4 felony, and a conviction may lead to a sentence ranging from one to three years in prison.

Theft of merchandise valued at more than $300 can lead to Class 3 felony charges. This offense may apply if a person allegedly committed multiple retail theft offenses over the course of one year involving items with a total value of at least $300. A person convicted of a Class 3 felony may be sentenced to prison for two to five years.

Retail theft by emergency exit is a Class 4 felony in cases where the value of items allegedly stolen is less than $300. A second conviction of this offense is a Class 3 felony. In cases involving merchandise valued at more than $300, a person may be charged with a Class 2 felony, and they could face a prison sentence from three to seven years.

In some cases, a person may be charged with organized retail crime based on allegations that they worked with one or more other people to commit retail theft and also committed assault or battery or damaged or destroyed a retail store's property. This offense may be charged as a Class 3 felony, and in cases involving accusations of battery, Class 2 felony charges may apply. A person accused of recruiting or directing others in organized retail crime may be charged with a Class 2 felony if at least $300 worth of merchandise was allegedly stolen, and they intended to resell the merchandise.

Contact Our St. Charles, Illinois Retail Theft Defense Attorneys

After being arrested for shoplifting or related offenses in St. Charles, Kane County, or other nearby cities or counties, you may face serious criminal consequences, and you will need to make sure you have a strong attorney on your side. Ramsell & Kunowski, L.L.C. is ready to provide you with experienced representation designed to protect your rights and help you resolve your case while minimizing your potential penalties. Contact our firm at 630-786-6062 to arrange your free consultation and begin building your defense.