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Shoplifting is often seen as a minor crime. Something that mostly juveniles get up to. This is especially true in the idyllic settings of quiet villages like Northbrook. Unfortunately, when shopkeepers decide to pursue the matter, a shoplifting charge can become a serious problem with long-term implications for anyone convicted.
Shoplifting is officially known as “Retail Theft” under Illinois law. Retail theft occurs when an individual knowingly attempts to deprive a merchant of the full value of their merchandise. Beyond simply pocketing an item and walking out, this could involve a number of additional actions, such as swapping tags on merchandise, cutting off anti-theft devices, or making a false return of an item.
Unlike many states that have blanket laws for all theft, Illinois has specific criminal codes related to shoplifting. The severity of a shoplifting charge typically depends on the value of the merchandise, and retail theft can be charged as either a misdemeanor or a felony. Because of this, those convicted of shoplifting may face heavy fines, incarceration, and the surprising difficulty of trying to get ahead in our society with the stain of a criminal record.
Sami Azhari can help you to avoid this fate. An experienced Chicago-area criminal attorney, Mr. Azhari has assisted countless people in Northbrook and beyond to fight back against their charges and get them dismissed or reduced. He understands how the theft laws in our state work, and what you need to show to have the best chance at beating your charges.
Retail theft encompasses a variety of methods of theft. Actions that fall under retail theft in Northbrook include:
Intent to commit theft can be assumed when an individual conceals merchandise and takes it past the point of last purchase in the retail store. The offender does not have to exit the store completely to be charged with shoplifting.
Under Illinois state law, shoplifting charges and their potential penalties vary depending on the value of the merchandise. The circumstances surrounding the alleged theft may also play a role. For example, shoplifting and leaving the store through an emergency exit can result in a separate charge with much higher penalties.
For merchandise with a total value under $300, retail theft is a Class A Misdemeanor, punishable by up to 12 months in jail and $2,500 in fines. Retail theft of merchandise over $300 as a Class 3 felony offense, which can carry up to 2-5 years in prison and up to $25,000 in fines if convicted.
If alleged retail theft involves emergency exit of property, it constitutes a Class 2 Felony, punishable by 3-7 years in prison and up to $25,000 in fines. Prior convictions of shoplifting or other theft crimes — such as burglary, robbery, or auto theft may also make the charge more severe.
Value of the stolen items may be calculated over a single incident or several different instances. For example, if a Northbrook store’s security camera records you committing several different thefts over multiple visits, you may be charged based on the sum total of all the stolen merchandise.
In addition to the criminal penalties mentioned above, retail theft may also be accompanied by civil suits. Retailers are entitled by law to sue offenders in the civil court to recuperate shoplifting losses.
Some of the damages retailers can seek include:
Those accused of shoplifting may receive demand letters from the retailer, requesting a sum of money associated with the stolen merchandise. You are not necessarily obliged to pay this requested amount before a civil trial is conducted. You should show these letters to your attorney before taking any steps.
Though shoplifting is a common crime, as mentioned above, the penalties and other consequences of shoplifting charges should be taken seriously. A conviction can not only result in possible fines and incarceration — it will leave a blemish on your criminal record and make finding future employment very difficult.
However, a shoplifting charge is not a conviction. A skilled Northbrook attorney can defend you against retail theft charges, increasing your chances of getting penalties significantly lessened — or even dropped altogether.
If you’ve been caught in the act of shoplifting, avoiding conviction may be difficult if the retailer decides to press charges. However, there are a handful of mitigating circumstances around which a successful defense can be built.
A skilled criminal defense attorney may be able to reduce the penalties of a shoplifting charge as well.
For example, first-time offenders may be eligible to have criminal charges dropped after successful completion of a rehabilitation and restitution program. In lieu of pleading guilty or no contest, the defendant agrees to attend and complete these programs, as well as pay any requisite fines. Upon meeting this criteria, the charges will be dropped.
Another possibility is striking a plea deal for reduced charges. If you agree with your attorney that this is the best course of action, he or she might attempt to negotiate with the prosecution for a more minor charge with less severe penalties.
If you’ve been charged with shoplifting, it is imperative to seek the counsel of an experienced Northbrook criminal defense attorney as soon as possible. A conviction could have serious implications, including a criminal record, fines, and even incarceration.
Sami Azhari offers a free consultation for individuals accused of retail or other theft crimes. Contact him directly via email at sazhari@azharillc.com or complete an online case evaluation form. Alternatively, you can reach one of our three area offices:
Skokie – (847) 655-1702
Rolling Meadows – (847) 255-2100
Chicago – (312) 626-2871
Sami takes the time to learn about the specific facts and circumstances surrounding each case. Then with meticulous preparation and years of experience a unique strategy is developed to obtain the best result.
– Michael S.Sami is an excellent advocate, and really fights for his clients. He is an absolute professional. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney.
– David S.
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