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Some people make mistakes that can become a costly and permanent reminder. You may have accidentally forgotten to pay for something, but even a first-time shoplifting charge can stay on your criminal record forever. The line between misdemeanor and felony theft in Illinois is only $500, and if you cross the line, you could face the worst penalties.
The Conner Law Firm defends theft and property crime charges in Belleville and St. Clair County, working to protect your record and keep a single mistake from defining your future. Helmed by Erin K. Conner, a former prosecutor, you’ll have the benefit of someone who understands how hard the other side will be fighting to punish you for a simple mistake. Our attorneys work to protect your record and explore every alternative to fight Belleville theft and burglary charges.
Theft Charges and Penalties
Illinois retail theft and shoplifting penalties are mostly based on the amount of the items allegedly stolen. Theft under $500 is classified as a Class A misdemeanor, punishable by up to 364 days in jail and up to $2,500 in fines if convicted. Theft ranging from $500 to $10,000 then becomes a Class 3 felony that provides 2 to 5 years in prison with up to $25,000 in fines. If the stolen items were anywhere from $10,000 to $100,000, it becomes a Class 2 felony with 3 to 7 years in prison. Over that $100,000 threshold, the charges are Class X felony.
Illinois law also classifies retail theft under $300, like shoplifting, as a Class A misdemeanor, but over $300 is a Class 4 felony. For organized retail crime, theft is charged as a Class 2 felony, and theft from a person is a Class 3 felony except when items over $5,000 are stolen from an elderly victim, amplifying the charges to a Class 2 felony.
Burglary under 720 ILCS 5/19-1 means you’ll face either a Class 2 or Class 3 felony depending on the location. Residential burglary (720 ILCS 5/19-3) is a Class 1 felony, punishable by 4 to 30 years in prison.
The bottom line: when you’re facing theft charges of any kind in Illinois, the steps you take immediately after your arrest matter when it comes to getting the best possible outcome. The Conner Law Firm works to protect you from having your mistakes become a permanent fixture on your record.
Criminal Defense Lawyer
Call (618) 277-2421 or contact the office online to schedule your initial consultation.
Defense Strategies
Theft charges don’t have to define the rest of your life and prevent you from gainful employment opportunities or other consequences. Whether you need felony or misdemeanor defense in Belleville, these strategies often get results for our clients:
Lack of Intent
From serving as part of the prosecution, Erin knows that there needs to be intent in proving your guilt for theft. Honest mistakes can and do happen, and confusion over merchandise is easy too when labels aren’t clear. If there is no intent, the prosecution’s case doesn’t hold water.
Value Dispute
The cost of the allegedly stolen items also matters in terms of whether you face misdemeanor or felony charges in Belleville. Prosecutors need to prove that the amount exceeds the threshold. If they can’t, your charges may be reduced.
Mistaken Identity
Mistaken identity doesn’t just happen in the movies or on TV shows. It is a very real occurrence, especially in theft and burglary charges. Even with modern technology, surveillance footage quality often leaves much to be desired. Witnesses may also be less reliable in their testimony, and may point to you if you look similar to the person they saw committing the crime.
Constitutional Violations
Every U.S. citizen is guaranteed rights under the Constitution, and few people realize just how many rights they have until they’re suddenly faced with losing them. On the road, the police can’t just stop you because they feel like it. They need to observe you committing a traffic violation or have reasonable suspicion that you’re committing a crime. If they pull you over without probable cause, it is an illegal stop. Searching without probable cause also means that whatever they uncover can be suppressed as evidence for failing to uphold your legal rights.
Negotiations for Better Deals
In scenarios where the evidence against you is strong, Erin will fight for alternative options to help you avoid the worst of the penalties. With negotiations for supervision, community service, or restitution-based resolutions, you may be able to carry out your sentence without having to set foot in prison.
It is also possible to seek expungement for theft convictions in Illinois. The Conner Law Firm is here to discuss case strategy and help you with the strongest defense possible to fight your charges.
Frequently Asked Questions
What is the difference between theft and burglary in Illinois?
Although theft and burglary may sound similar in that something of value has been taken, these two crimes are very different. Theft involves unlawfully taking property and is more focused on the act of stealing such as by shoplifting, or even stealing a car. On the other hand, burglary involves unlawful entry, known as breaking and entering, into a home, building, or vehicle with the intent to commit a theft or another felony. Theft can also be committed with burglarizing a premises, but burglary can be charged even if you don’t take anything once you get inside if intent to steal can be proven.
Theft charges can also be classified as misdemeanors when the items taken were under $500. It becomes a felony when it is over $500. Burglary charges are always classified as felonies, and are met with greater severity as they involve the additional violation of a secure space.
Is shoplifting a felony in Illinois?
Shoplifting from a store in Illinois can be a felony if the value of the goods stolen exceeds the threshold. It is charged as a Class A misdemeanor if the total value is under $300. First offenses are usually assigned the same classification, and the penalties are up to a year in jail and up to $2,500 in fines. If the worth of the items is over $300 or you have a prior conviction, you could receive anywhere from a Class 4 felony to a Class 2 felony, which means a maximum of 7 years in prison.
The charges for shoplifting aren’t just focused on the dollar amount of the items taken. Prior offenses for shoplifting, even for items under $300, can turn the charges into a felony. Additionally, using an emergency exit to leave the store during the theft automatically elevates it to a felony crime, even if the dollar amount was under $300.
Can a theft charge be expunged?
Theft charges may be expunged in Illinois if you were not convicted. If the charges were dismissed, you were acquitted, or you were sentenced to supervision, it is likely you can get it expunged.
Unfortunately, many theft convictions are ineligible for expungement, though there are exceptions. Some Class 4 felony thefts may allow for exceptions, and The Conner Law Firm can help you to determine if there is a way to expunge your record.
You may also be able to have your records sealed, which would make it invisible to many employers. For expungements, there is a waiting period of 5 years for qualified probations to be eligible. Schedule a consultation with our Belleville theft and burglary lawyer to discuss the specifics of your former conviction and learn what is possible going forward.
Contact The Conner Law Firm
Your theft charges may all be just a huge misunderstanding or a case of mistaken identity. A small mistake shouldn’t be following you around for the rest of your life. You need a Belleville criminal defense lawyer who has your back to stand up against the prosecution. The Conner Law Firm defends theft and burglary charges in Belleville and St. Clair County, challenging intent and working to protect your record to keep a single mistake from defining your future.
Since there is a thin line between misdemeanor and felony charges for theft, you could be stuck in prison for years just for being in the wrong place at the wrong time or by being confused for someone else. Don’t wait to get the legal representation you need from a former prosecutor who knows how to beat the prosecution at their own game. Call 618-277-2421 today for a free consultation to discuss your theft defense.
