Being charged with theft, retail theft, or possession of stolen property can be a very stressful experience and may lead to serious jail time if the matter is not handled properly.
Rolling Meadows Criminal Defense Attorney Gbenga Longe understands how important it is to have an experienced attorney on your side of the courtroom to defend you against the charges that you are facing. Attorney Longe helps her clients to identify their priorities and then aggressively pursue courses of action that will help bring about successful resolutions of the matter.
THEFT OFFENSES
The Illinois theft laws are set forth in 720 ILCS sec.16-1 et seq. and include the following offenses, among others:
- Retail Theft – The crime of retail theft is commonly referred to as shoplifting and it involves theft of merchandise from a store or business. There are several other offenses with which a defendant may be charged in addition to retail theft, including removing devices from merchandise that would otherwise prevent theft;
- Theft – A person commits theft by knowingly taking control of someone else’s property without permission with the intent of permanently depriving the owner of it. There are many variations of theft, including theft where the person stealing the property obtains it by the use of deception or threat; and
- Possession of Stolen Property – Possessing property that you know or should have reason to know is stolen also is a form of theft for which you may be charged.
CONSEQUENCES OF CONVICTION
Just as there are a variety of theft crimes in Illinois, there are a variety of consequences for individuals who are convicted of theft. The consequences of a theft conviction are determined by the value of the item or items that were stolen, as well as the circumstances surrounding the act of theft. Some examples of consequences related to theft convictions are as follows:
- Retail Theft – Depending upon the value of the merchandise that was stolen, retail theft can either be a felony or a misdemeanor, and consequences may include fines, jail time, or both; and
- Theft – Theft can be a felony or a misdemeanor, depending upon the value of what was stolen and the circumstances under which it was stolen. For example, if property with a value of between ten thousand and one dollars and one hundred thousand dollars is stolen, the person who is accused of stealing it may be charged with a Class 2 felony, which is punishable by up to seven years in prison and a fine of up to twenty five thousand dollars ($25,000.00).
Providing a Strong Defense for Individuals Accused of Theft in Rolling Meadows and Chicago, Illinois
When you are charged with a theft crime, there is a lot at stake, including your liberty and your future. Theft charges or convictions on your criminal record could interfere with your plans and dreams for years to come if they are not addressed proactively right now. Rolling Meadows Criminal Defense Attorney Gbenga Longe can help you by building a strong defense to the charges that have been brought against you and seeking a dismissal or a reduction of penalties whenever possible. Attorney Longe is dedicated to representing the interests of individuals who have been charged with theft crimes and to working with these individuals to obtain results that reflect their needs and their priorities. Please call our office today to arrange a consultation. Attorney Longe represents clients in the Chicago area including Rolling Meadows, Arlington Heights, and Schaumburg.
Chicago Theft Offenses Attorney FAQs
Q. What is the difference between theft and retail theft in Illinois? Consult a Chicago Theft Offenses Attorney.
A. In Illinois, theft (720 ILCS 5/16-1) is the general offense of knowingly obtaining or exerting unauthorized control over property with intent to deprive the owner permanently. Retail theft (720 ILCS 5/16A-3) is a specific form of theft involving merchandise from a retail mercantile establishment, often with enhanced penalties even for smaller amounts due to aggravating factors like concealment or altered price tags. Both can range from misdemeanors to felonies based on value. The Chicago DUI Attorneys defend clients against all theft-related charges in Chicago, analyzing evidence such as surveillance video, witness statements, and police reports to challenge intent, value, or identification in Cook County courts.
Q. What are the penalties for misdemeanor theft in Chicago, IL?
A. Misdemeanor theft in Illinois (typically for property valued under $500) is classified as a Class A misdemeanor for first offenses, punishable by up to 364 days in jail, fines up to $2,500, restitution, and probation. Multiple convictions or aggravating circumstances can elevate penalties. A Chicago Theft Offenses Attorney from The Chicago DUI Attorneys can pursue defenses like lack of intent, mistaken belief of ownership, or insufficient evidence to seek dismissal, reduction to a lesser offense, or diversion programs that avoid a criminal conviction.
Q. Can felony theft charges be reduced in Chicago? Ask a Chicago Theft Offenses Lawyer.
A. Yes, felony theft charges (for property valued at $500 or more, or under special circumstances like theft from a person or motor vehicle) can often be reduced to misdemeanors through negotiation, especially for first-time offenders with strong mitigating factors. Prosecutors may agree to reductions if evidence is weak or restitution is made. The Chicago DUI Attorneys negotiate aggressively with Cook County State's Attorneys, file motions to suppress evidence from unlawful searches, and highlight positive client history to achieve the best possible outcome.
Q. What is retail theft under Illinois law? Contact a Chicago Theft Offenses Attorney.
A. Retail theft in Illinois (720 ILCS 5/16A) includes acts like concealing merchandise, removing items without payment, altering price tags, or transferring goods between containers to avoid payment. It is charged separately from general theft and can be a misdemeanor or felony depending on the value of the merchandise and prior convictions. Penalties include jail time, fines, and potential civil demands from stores. The Chicago Theft Offenses Attorneys at The Chicago DUI Attorneys review store security footage, employee statements, and arrest procedures to build defenses and minimize consequences in Chicago retail theft cases.
Q. How does a prior theft conviction affect new charges in Chicago?
A. Under Illinois law, prior theft convictions can elevate subsequent charges: a second or subsequent retail theft becomes a Class 4 felony, and multiple priors can lead to Class 3 or higher felony classifications with mandatory prison time and higher fines. Habitual offender provisions may apply in severe cases. A Chicago Theft Offenses Lawyer from The Chicago DUI Attorneys can challenge the use of priors, negotiate to avoid enhancement, or seek resolutions that prevent felony upgrades and long-term sentencing impacts.
Q. What defenses are available for theft or shoplifting charges in Chicago?
A. Common defenses include lack of intent to permanently deprive (e.g., forgetting to pay), mistaken belief that the property was abandoned or permission was given, entrapment, false accusation, or insufficient proof of value or identity. Illegal stops, searches, or flawed police procedures can lead to suppression of evidence. The Chicago DUI Attorneys investigate every detail, including witness credibility and video evidence, to present a compelling defense aimed at dismissal, acquittal, or charge reduction in Cook County.
Q. Will a theft conviction appear on my criminal record in Chicago?
A. Yes, a theft conviction, whether misdemeanor or felony, creates a permanent criminal record in Illinois that appears on background checks for employment, housing, licensing, and loans. Even dismissed cases may show arrests unless expunged. The Chicago Theft Offenses Attorneys work to avoid convictions through strong defense or diversion, and can advise on post-resolution expungement or sealing eligibility to clear or hide the record and improve future opportunities.
Q. What should I do if arrested for theft in Chicago? Speak with a Chicago Theft Offenses Attorney immediately.
A. If arrested for theft in Chicago, remain calm, exercise your right to remain silent, do not make statements to police or store security, and request an attorney right away. Avoid signing anything or agreeing to civil demands without counsel. Bond may be required, and conditions could include no-contact orders. The experienced team at The Chicago DUI Attorneys can assist with prompt release, challenge probable cause, review any merchant detention issues, and start defending your case from the initial stages.
Q. Can I avoid jail for a first-time theft offense in Chicago?
A. Yes, many first-time theft offenders in Chicago qualify for alternatives to jail such as court supervision, conditional discharge, probation, community service, or theft awareness programs, especially for lower-value misdemeanors. Successful completion often results in dismissal and expungement eligibility. The Chicago DUI Attorneys assess your eligibility for these options, advocate for their imposition, and help you avoid incarceration and a permanent conviction.
Q. What are the long-term consequences of a theft conviction in Chicago? Consult a Chicago Theft Offenses Attorney.
A. A theft conviction in Chicago can lead to difficulties with employment (especially jobs requiring trust or background checks), housing denials, professional license issues, higher insurance rates, immigration consequences for non-citizens, and increased penalties for future offenses. Felony convictions may result in loss of voting rights and firearm possession. The Chicago DUI Attorneys develop tailored defense strategies to prevent conviction, pursue record relief options, and reduce these lasting effects to help you move forward with your life.
Contact The Chicago DUI Attorneys for a confidential consultation about expungement or sealing your record in Chicago, Illinois. Call our office at 708-787-3412.
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