If you’ve been accused of theft in Illinois, it’s easy to feel overwhelmed, confused, and unsure of what to do next. We’ve seen it firsthand—honest people being accused over misunderstandings, false claims, or simple mistakes. The consequences of a theft accusation can be serious, even if the value in question is low. A theft charge in Illinois can damage your reputation, impact your job, and result in jail time, probation, or a permanent criminal record. That’s why we want to explain clearly what steps you should take if you’ve been accused and how Illinois law works in these cases.
Why You Should Never Speak To Police Without A Lawyer
As criminal defense attorneys serving clients across the Chicagoland area, we always tell people this first: do not talk to the police without legal counsel. Anything you say, even if you believe it will clear your name, can be used against you. Theft cases often rely on statements, surveillance, and assumptions about intent. If you speak without a lawyer, you may unintentionally give the prosecution what they need.
Understanding Theft Charges Under Illinois Law
Illinois law classifies theft under 720 ILCS 5/16-1. The penalties vary depending on the value of the property and the circumstances. Theft of property under $500 not from a person is a Class A misdemeanor, which can result in up to one year in jail and a $2,500 fine. But if the value is over $500—or if the property was taken directly from a person or was government or school property—the charge becomes a felony, with penalties increasing from probation to multiple years in prison. Even if this is your first offense, a conviction can affect your record for years.
We defend clients accused of all levels of theft—misdemeanors and felonies—and we understand the system in Cook County and surrounding areas. From the moment you are questioned, your actions matter. The sooner we get involved, the more control we have over protecting your rights, challenging the evidence, and negotiating a better outcome—or seeking a dismissal.
Illinois Theft Crime Frequently Asked Questions
What Should I Do Immediately After Being Accused Of Theft In Illinois?
Stay calm, avoid confrontation, and do not admit to anything. Whether the accusation comes from a store, an employer, or law enforcement, your first step should be to remain silent and contact a criminal defense attorney. You are not required to answer questions without a lawyer present.
Can I Be Arrested Even If The Property Was Returned?
Yes. Returning stolen property does not erase the alleged crime. Under Illinois law, theft involves the intent to permanently deprive the owner of the property. Even if it’s returned, you may still face criminal charges. However, returning property may help mitigate or negotiate a plea.
What Is The Difference Between Misdemeanor And Felony Theft In Illinois?
The key difference is the value of the property and how the theft occurred. Theft under $500 not from a person is a misdemeanor. If the value exceeds $500 or if property is taken from someone directly, it may be charged as a felony. Felony convictions carry harsher penalties, including prison.
How Does A Theft Charge Affect My Record In Illinois?
A conviction will go on your permanent criminal record. Employers, landlords, and licensing boards can see it during background checks. Even a misdemeanor theft conviction can limit your opportunities and cause long-term harm. That’s why avoiding a conviction should be a top
priority.
Do I Have To Go To Court For A Theft Charge?
Yes. Theft charges in Illinois require a court appearance. Failing to appear can result in a bench warrant and additional charges. Your attorney can appear on your behalf in some situations, but most cases require your presence, especially if it’s a felony.
Can A Theft Case Be Dismissed Or Reduced?
Yes. If the evidence is weak, illegally obtained, or inconsistent, your attorney can seek a dismissal. In other cases, we may be able to negotiate a reduction to a lesser charge or a diversion program. Every case depends on the facts and the defense strategy.
What If I Was Accused Of Theft But Never Caught With The Item?
You can still be charged based on witness statements, surveillance footage, or circumstantial evidence. However, the lack of physical possession can be a strong point in your defense. It’s important not to assume the case is weak without first reviewing the evidence with your attorney.
How Can A Lawyer Help If I’m Accused Of Theft In Illinois?
We review the evidence, protect your rights, and fight for the best outcome. That could mean dismissal, reduced charges, or avoiding jail. We also guide you through each step so you don’t make costly mistakes. Our goal is to protect your future and limit the impact on your life.
Call Our Chicago Retail Theft Defense Attorney For A Powerful Defense
If you’ve been accused of theft in Chicago or anywhere in the Chicagoland area, time is critical. The sooner we speak with you, the more we can do to protect your record, your rights, and your future. Our team at Edward Johnson & Associates is here to help you understand your case and build a strong defense. Contact our Chicago retail theft defense attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our law office is located in Chicago, Illinois, and we represent clients across the entire Chicagoland metro area.