The type of retail theft charge, misdemeanor or felony, depends on how much the value of the goods are that you are accused of stealing. In the State of IL, If the value is less than $300, it is a misdemeanor charge. If the value is more than $300, it will be considered a felony. For a misdemeanor charge, the monetary penalties are up to a $2,500 fine and the prison penalty is up to a year in the County Jail. For a felony, the penalties are far more severe as it could be up to a $10,000 fine and 3 years in the state penitentiary. One way in which the charge is increased from a misdemeanor to a felony is if you’ve been convicted of retail theft in the past. It could be a Class 4 felony based on your previous conviction.
Here are some ways to defend against retail theft:
Here are some ways to defend against retail theft:
- Many times when you are charged with retail theft, there is camera based evidence. You want to try and have your attorney negotiate with the state’s attorney to get the case dismissed and have your record expunged. Options for dismissal include attending Theft School, First Offender Program and Court Supervision. Make sure you discuss with your attorney what might be an option for your case.
- You can work with your lawyer to determine if you did not have the intent to steal something but were caught and charged anyway.