Orland Park Retail Theft Defense Lawyer

Will County Criminal Defense Attorney for Shoplifting or Retail Theft Charges

The offense of Retail Theft can comprise many different actions. It is not only that the person takes property and tries to walk out with it. A person does not have to actually leave the store to be found guilty – they only need to have gone past the last payment point. One of the key elements is that the State must prove beyond a reasonable doubt that the act was done "knowingly". We have represented people over the years charged with retail theft who had innocently put something in a cart or pocket but had no intention of stealing it. That is why the law requires the act to be "knowing". The value of the merchandise is also an element of the offense that the State must prove beyond a reasonable doubt when the offense of theft of property "in excess of $300" is charged.

SENTENCE

WHERE THE FULL RETAIL VALUE OF THE PROPERTY DOES NOT EXCEED $300, RETAIL THEFT IS A CLASS A MISDEMEANOR

• 364 DAYS IN COUNTY JAIL
• PROBATION POSSIBLE – YES
• SUPERVISION POSSIBLE - YES

WHERE THE FULL RETAIL VALUE OF THE PROPERTY EXCEEDS $300, RETAIL THEFT IS A CLASS 3 FELONY – 2-5 YEARS

• PROBATION POSSIBLE – YES
• SUPERVISION POSSIBLE - NO

WHERE THE FULL RETAIL VALUE OF THE PROPERTY DOES NOT EXCEED $300, A PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF RETAIL THEFT or WHO HAS PREVIOUSLY BEEN CONVICTED OF ANY OF THE FOLLOWING:

• ANY TYPE THEFT
• ROBBERY
• ARMED ROBBERY
• BURGLARY
• RESIDENTIAL BURGLARY
• POSSESSION OF BURGLARY TOOLS
• HOME INVASION
• UNLAWFUL USE OF CREDIT CARD, or
• FORGERY

RETAIL THEFT IS A CLASS 4 FELONY – 1-3 YEARS

• PROBATION POSSIBLE - YES

USE OF A THEFT DETECTION SHIELDING DEVICE OR THEFT DETECTION DEVICE REMOVER

• FIRST OFFENSE: CLASS A MISDEMEANOR - 364 DAYS IN COUNTY JAIL
• SECOND OR SUBSEQUENT OFFENSE: CLASS 4 FELONY – 2-5 YEARS IN PRISON
• PROBATION POSSIBLE – YES
• SUPERVISION POSSIBLE - YES

THEFT BY EMERGENCY EXIT

WHERE THE FULL RETAIL VALUE OF THE PROPERTY DOES NOT EXCEED $300…

• FIRST CONVICTION – CLASS 4 FELONY – 1-3 YEARS – PROBATION ABAILABLE -YES
• IF THE PERSON HAS PREVIOUSLY BEEN CONVICTED OF ANY OF THE FOLLOWING:
  • ANY TYPE THEFT
  • ROBBERY
  • ARMED ROBBERY
  • BURGLARY
  • RESIDENTIAL BURGLARY
  • POSSESSION OF BURGLARY TOOLS
  • HOME INVASION
  • UNLAWFUL USE OF CREDIT CARD, or
  • FORGERY

CLASS 3 FELONY – 2-5 YEARS – PROBATION AVAILABLE – YES

WHERE THE FULL RETAIL VALUE OF THE PROPERTY EXCEEDS $300…

CLASS 2 FELONY – 3-7 YEARS – PROBATION AVAILABLE – YES

Contact Our Tinley Park Retail Theft Attorney

If you or a member of your family are facing charges of retail theft or shoplifting, contact our firm to learn about your options for defense. Call 708-966-2408 to set up a consultation.