Many people who have been accused of retail theft are under the mistaken impression that they are not in serious legal trouble. It possible that you absent-mindedly wandered out of the store without paying for an item—for example, you tried on a pair of sunglasses and instinctively put them on top of your head as you would do with your own, paid for your other items, and left. Perhaps, on the other hand, you intentionally took something out of the store in a moment of poor judgment. Whatever the case, if you stand accused of retail theft (the legal term for shoplifting in Illinois), you are facing extremely serious legal penalties—including jail time.
For this reason, it is critical that anyone accused of retail theft speak to an experienced attorney as soon as possible. A lawyer may be able to raise one of several defenses that are often available in retail theft cases or at least mitigate the consequences you are facing. To schedule a free consultation with an attorney serving DuPage, Cook, and Kane Counties, call us today at (630) 474-8000.
Illinois Retail Theft: The Basics
Stealing items from a retail establishment is prohibited by Illinois Statutes Section 5/16-25, which makes it a crime to knowingly take possession of, carry away, transfer, or cause to be carried away or transferred any merchandise that is held, displayed, stored, or offered for sale in a retail establishment with the intention of depriving the owner of the item or items permanently without paying the full value of the merchandise. Because of the law’s “full value” provision, you can be charged with retail theft if you do not pay full value and intended to deprive the party selling it to of full value.
The law specifies some specific situations that fall under the statute:
• Switching price tags on merchandise
• Transferring merchandise to a different container (for pricing purposes)
• Under-ringing merchandise
• Removing a shopping cart
• Misrepresenting the ownership of property (false returns would fall into this category)
The law also distinguishes “theft by emergency exit” from plain old “retail theft.” Just like it sounds, this involves using an emergency exit to facilitate the theft. Theft by emergency exit is always charged as a felony, regardless of the value of the goods stolen.
When it comes to retail theft, here are the applicable penalties for a first offense:
• Value of Goods of Less Than $300 – Class A Misdemeanor: A maximum fine of $2,500 and as long as one year in prison.
• Value of Goods Over $300 – Class 3 Felony: A maximum fine of $25,000 and between two and five years in prison.
Potential Defenses to Retail Theft
Simply because a store clerk or security guard accuses of you of retail theft does not mean that you are guilty of the offense. In many cases, there are defenses available that could result in the case against you being dropped or an acquittal if you go to trial. Some of these defenses include the following:
• Mistake of fact – This defense involves claiming that you mistakenly believed that the item of which you are accused of stealing was yours.
• Lack of intent – The state must prove that you intended to steal an item in order to secure a retail theft conviction. If you can cast doubt on the intent requirement, it may result in an acquittal if your case goes to trial. In fact, in the circumstantial evidence that you did not mean to steal an item is strong enough (you paid for everything else in your cart, for example), the prosecutor may decline to even pursue the case in the first place.
• Entrapment – The defense of entrapment involves showing that a government agent (such as an undercover police officer) induced you to commit the crime of which you are accused.
• Return of property – While this is not an official legal defense, returning the property you took may constitute evidence of lack of intent or at least present a mitigating factor when it comes to reaching a plea agreement or in sentencing.
As a defendant, it is important to understand that most criminal cases are resolved by reaching a plea bargain with the prosecutor handling the case. A plea bargain works in the following way: the defendant agrees to plead guilty in exchange for the prosecutor bringing a less serious charge or recommending that the judge impose a lenient sentence—often one that avoids jail time. In cases where the evidence against the defendant is strong, pursuing a plea bargain is often the best course of action as it allows the defendant to have some control over the outcome of the case. Judges can be fickle and have been known to throw the book at criminal defendants charged with relatively minor offenses just because they are in a bad mood.
Defendants shouldn’t typically pursue a plea deal on their own, however, as reaching these agreements requires an understanding of the law and significant negotiation skills. When you retain an experienced criminal defense attorney, he or she will uncover weaknesses in the prosecution’s case and highlight mitigating factors that speak to your rehabilitation or remorse in an effort to negotiate the best plea bargain possible. In some cases, a plea bargain agreement may even allow you to avoid a conviction even if it requires you to plead guilty to the offense of which you are accused.
Call Kent Law, L.L.C., Today to Schedule a Free Case Evaluation with a DuPage County Criminal Defense Attorney
If you have been accused of retail theft in Illinois, you need to secure qualified legal representation right away. The assistance of an attorney can often help mitigate the consequences you are facing and may even be able to have the charges against completely dropped. At Martin & Kent, L.L.C., we are committed to helping people accused of retail theft and other crimes put the matter behind them with as little consequence as possible. To schedule a free case evaluation with a DuPage, Cook, and Kane County criminal defense lawyer, call our office today at (630) 474-8000.