At Edward Johnson & Associates, we have built our reputation on fighting relentlessly for people accused of crimes in Chicago and throughout the Chicagoland area. Shoplifting charges may seem minor to some, but they can destroy your record, cost you your job, and leave you with a permanent criminal conviction. We treat every case as serious because every client deserves to have their rights protected. When prosecutors come after our clients, we push back hard, armed with skill, strategy, and experience.
Understanding Shoplifting Under Illinois Law
Under the Illinois Criminal Code (720 ILCS 5/16-25), shoplifting is referred to as retail theft.
The law covers a wide range of conduct, including:
- Taking merchandise without paying the full retail value
- Altering or removing price tags
- Concealing items in bags or clothing
- Switching containers to pay less
- Using or possessing a theft-detection shielding device
The key element the prosecution must prove is intent. They must show that the accused intended to permanently deprive the merchant of the item’s value. We challenge that intent aggressively because, without clear evidence of intent, the state cannot secure a conviction.
Penalties For Shoplifting In Illinois
The penalties for shoplifting in Illinois depend on the value of the merchandise and whether the accused has prior convictions. Under 720 ILCS 5/16-25(f), retail theft is classified as follows:
- If the value of the merchandise is less than $300 and taken from a retail establishment, the offense is typically a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,500.
- If the value exceeds $300 or the accused has a prior theft-related conviction, the offense becomes a Class 3 felony, carrying a potential sentence of 2 to 5 years in prison and a fine of up to $25,000.
- Use of an emergency exit during the theft can increase the penalties to a Class 4 felony for under $300 or a Class 2 felony for over $300 in merchandise value.
Even a misdemeanor conviction can follow someone for years, limiting job opportunities and professional licensing. We work to keep those consequences off our clients’ records.
Defense Strategies That Make A Difference
When we defend a shoplifting case, we dissect every piece of evidence. Surveillance footage, store employee statements, and alleged confessions often tell only part of the story. Often, store security personnel act outside their authority, detaining customers unlawfully or coercing them into making statements without advising them of their rights.
Common defenses we employ include:
- Lack of intent – proving that our client did not mean to steal
- Mistaken identity – challenging unreliable video or witness evidence
- Unlawful detention or search – excluding evidence obtained through rights violations
- Chain-of-custody issues – questioning whether evidence was properly handled or authenticated
We are tacticians in court, ready to fight every inch of the way, but we also know when negotiation is in the client’s best interest. In some cases, we secure diversion programs or deferred prosecution agreements that keep the record clean. Our goal is always the same: to protect our clients’ freedom and future.
Why Experience And Strategy Matter
Prosecutors in Cook County and surrounding areas handle thousands of retail theft cases every year. Many defendants walk into court unrepresented and walk out with a conviction. We refuse to let that happen to our clients.
Our team studies every aspect of the state’s case before deciding whether to fight or negotiate. That balance of toughness and strategy is what separates seasoned trial lawyers from average defenders. When we step into court, we are prepared, relentless, and focused on one thing: winning the best outcome possible.
Shoplifting Frequently Asked Questions
Can A Shoplifting Charge Be Dismissed In Illinois?
Yes. Shoplifting charges can be dismissed if the evidence is weak, the store handled the detention improperly, or the prosecution cannot prove intent beyond a reasonable doubt. Our defense often focuses on showing the court that the state cannot meet its burden of proof.
Will A Shoplifting Conviction Stay On My Record Permanently?
In Illinois, a shoplifting conviction remains on your record permanently unless it is expunged or sealed. However, certain first-time offenders may qualify for supervision or diversion programs that prevent a conviction from being entered. We often fight to secure these outcomes to protect our clients’ records.
What Happens If I Am Accused Of Shoplifting But Did Not Leave The Store?
Under Illinois law, you can still be charged even if you did not exit the store. Concealing merchandise or altering tags with the intent to steal can meet the elements of retail theft. However, intent is often unclear, and we frequently challenge those assumptions to get charges reduced or dismissed.
Can Store Security Detain Me For Suspected Shoplifting?
Store employees have limited authority to detain someone suspected of shoplifting under 720 ILCS 5/16-26. They must have reasonable grounds and must do so in a reasonable manner. If they exceeded that authority or detained someone unlawfully, evidence obtained afterward may be suppressed.
What Should I Do If I Am Arrested For Shoplifting?
Remain calm, do not argue, and do not admit anything. Request to speak with an attorney immediately. Anything you say can and will be used against you. Once we are involved, we take control of communications with prosecutors and work to build a defense that protects your future.
Can Shoplifting Charges Affect My Immigration Status?
Yes. Retail theft is considered a crime of moral turpitude and can impact immigration cases, including visa renewals, green card applications, or citizenship eligibility. It is critical to have a defense lawyer who understands both criminal and immigration consequences.
Is It Possible To Negotiate A Plea For A Lesser Charge?
In some cases, yes. Depending on the circumstances, we may negotiate for a reduction to a civil infraction or a non-theft offense. This can make a significant difference for employment and background checks. Every case is evaluated strategically to determine the best approach.
Call Edward Johnson & Associates Today For Your Free Consultation
At Edward Johnson & Associates, we fight for our clients with precision, determination, and skill. Whether it means challenging every piece of evidence or negotiating a strategic resolution, we never stop working to protect your rights.
If you are facing shoplifting charges in Chicago or anywhere in the Chicagoland area, contact our Chicago shoplifting defense lawyer at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. We will stand between you and the prosecution, defending your name, your record, and your future with strength and resolve.