Chicago, IL Theft Defense Lawyer

Experienced Attorney Defending Client Charged with Theft and Shoplifting in Chicago, Illinois

Taking something that belongs to someone else is considered theft. People who are accused of theft may face criminal charges, but there may be a variety of ways to address these accusations and defend against a conviction. If you have been charged with theft, shoplifting, receiving stolen property, or other related offenses, you will need to understand what steps you can take to successfully defend against a criminal conviction.

An experienced criminal defense attorney can be an invaluable ally as you address charges of theft or property crimes. At Miranda Law Office, LTD, we can help you take steps to protect your rights, and we will fight to minimize the impact of these allegations on your life. With more than 20 years of experience addressing criminal matters, Attorney Miguel Miranda knows how to develop strong defense strategies, and he can provide you with the legal representation you need during your case.

What Is Considered Theft in Illinois?

Under 720 ILCS 5/16-1, a person may be charged with theft if they take control over someone else's property without that person's authorization. These charges may apply if someone directly takes money or property that does not belong to them or obtains property through threats or deception. Receiving property from another party that is known to be stolen is also considered theft.

The severity of theft charges will usually depend on the value of the property. Other factors may also play a role in determining the specific penalties that will apply upon conviction. In general, theft of property valued at $500 or less is a Class A misdemeanor, and a conviction could lead to a jail sentence of one year or less, as well as a maximum fine of $2,500.

Felony charges may apply if he amount that was allegedly stolen exceeded $500 or if a person had previously been convicted of theft or another property crime. The minimum prison sentence for a felony conviction is one year, but more serious felony charges and longer sentences will be more likely in cases involving the theft of more valuable property.

Certain aggravating factors may also increase the severity of a theft charge. For example, stealing money or property from an elderly person or committing theft in a school, place of worship, or governmental facility can result in more severe charges and enhanced penalties.

Retail Theft/Shoplifting

Under Illinois law (720 ILCS 5/16-25), retail theft is a separate offense from other types of theft. A person may be charged with retail theft if they allegedly steal merchandise from a store or engage in any other actions that result in paying less than the full retail price for items. Examples of retail theft include:

• Taking merchandise and walking out of a store without paying for it.
• Altering or removing price tags to pay less than the listed value.
• Switching containers or packaging to obtain an item while paying for a cheaper product.
• Using self-checkout stations to scan some items but not others or to ring up the wrong prices.
• Failing to return rented property, such as tools or equipment.
• Using devices that are meant to shield security tags from being detected when taking an item out of a store.
• Taking merchandise and leaving through an emergency exit.

Even small, unintentional acts can lead to arrests if store employees or security personnel believe there was an intent to steal. For example, a person may take an item and put it in their pocket with the intent to pay for it before leaving the store, and they may be stopped by employees and accused of shoplifting, even if they did not have any intent to do so.

Accusations of theft of items valued under $300 or less than $150 of motor fuel can lead to Class A misdemeanor charges. If the items that were allegedly stolen exceed these thresholds, felony charges will usually apply. A person may also be charged with a felony if they are accused of using an emergency exit to commit retail theft or if they have previous convictions for retail theft.

Options for Defending Against Theft and Property Crime Charges

At Miranda Law Office, LTD, we work with our clients to determine the best defense strategies against allegations of theft. These strategies may include:

• Challenging Intent: We may be able to demonstrate that there was no intent to permanently deprive the owner of the property in question.
• Mistaken Identity: We may argue that the accused was not the person involved in the alleged theft. This may be an option when a person has been identified using security camera footage or by a witness who did not clearly see what happened.
• Ownership Disputes: It may be possible to show that the property in question was not stolen but rather belonged to the accused.
• Negotiating Alternatives to Conviction: Diversion programs, deferred prosecution, or community service agreements may be available, allowing a person to resolve their case while avoiding a conviction and a criminal record.

Contact Our Chicago Theft Defense Attorney

To address property crime charges, you need a skilled defense attorney who understands how to protect your rights. Miranda Law Office, LTD can assist with your case, and we will work to defend against accusations of theft and avoid a criminal conviction. Contact our Chicago, IL theft defense lawyer by calling 773-588-3822 to schedule a confidential consultation and begin building your defense. We provide legal services for people who speak English or Spanish.