Retail Theft & Burglary Defense
Protecting Your "Moral Turpitude" Record
A conviction for Retail Theft (720 ILCS 5/16-25) is considered a "crime of moral turpitude," which can make it nearly impossible to find future employment or secure housing.
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When you're facing theft charges, Lofgren Legal offers unmatched support and legal guidance. Contact us today to schedule a case consultation. Attorney Niklas Lofgren has spent 10 years practicing criminal defense and is ready to fight for you.
What We Handle
Retail Theft
Defending shoplifting cases by challenging "intent to deprive" the owner of property.
Burglary & Residential Burglary
Defending against Class 1 and Class 2 felonies involving unauthorized entry.
Possession of a Stolen Motor Vehicle (PSMV)
High-stakes felony defense for auto-related charges.
Understanding Retail Theft in Illinois
Illinois retail theft, or "shoplifting," laws cover more actions than many people realize. Under the Illinois retail theft statute (720 ILCS 5/16-25), committing this type of crime isn't just walking out of a store with unpaid merchandise. The law recognizes several different actions as shoplifting.
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What Qualifies as Retail Theft?​
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Taking merchandise without paying full retail value
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Removing, altering, or transferring price tags
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Moving merchandise from its original container to another container with the goal of depriving the merchant of full retail value
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Under-ringing items
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Removing shopping carts from a store premises
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Making false claims of ownership to exchange items with a merchant who actually owns said items in return for cash, store credit, or other assets
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Using or possessing any theft detection shielding device or theft detection device remover
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Failing to return leased property, or failure to pay the full retail value of property in accordance with a contract requiring such, within 10 days after written demand for return of the property
Penalties Under Illinois Retail Theft Laws
The penalties of a retail theft conviction vary based on the circumstances of your case. Understanding potential consequences can help you grasp the seriousness of the charges you might be facing.
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Misdemeanor Charges
When stolen merchandise retail values at $300 or less (or $150 or less for motor fuel), you typically face a Class A misdemeanor charge. While a misdemeanor is less serious than a felony, the consequences can still dramatically impact your life. A conviction at this level can result in up to one year in jail and a fine reaching $2,500.
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Beyond these immediate penalties, a misdemeanor conviction creates a criminal record that follows you into the future, potentially limiting job opportunities and housing options. Many retailers also pursue civil penalties separate from the criminal case, demanding restitution exceeding the value of the allegedly stolen merchandise.
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Felony Charges
Retail theft charges can escalate to felony level under several circumstances. For example, using or having a theft detection shielding device, or theft detection device remover, is a Class A misdemeanor for a first offense. After the first offense, it increases to a Class 4 felony charge.
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Theft by emergency exit of property, the full retail value of which is $300 or less, is a Class 4 felony.​
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If the stolen merchandise value is over $300 ($150 for motor fuel), you'll face Class 3 felony charges. Similarly, using an emergency exit during the theft elevates the offense to a Class 2 felony.
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Those with prior theft-related convictions face automatic felony charges, even for small-value incidents.
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Additionally, multiple thefts totaling over $300 within a one-year period result in a Class 3 felony charge. It does not matter if each separate theft was of lesser value. This becomes a Class 2 felony charge if convicted of theft by emergency exit.
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Stealing merchandise at a value of more than $100,000 is a Class 1 felony, one of the most serious offenses.
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The consequences of a felony shoplifting conviction are far-reaching and severe. Courts impose substantial fines, anywhere from $2,500 up to $25,000. Jail time usually ranges from one year up to seven years, though some circumstances can lead to longer terms. For example, a Class 1 felony charge can result in four to fifteen years in jail.​
