Theft Attorney in Chicago

Illinois Theft Charge Classifications & Penalties

Illinois grades theft charges by the value of the property involved and the circumstances of the offense. The difference between a misdemeanor and a felony can turn on a few hundred dollars or a single prior conviction, and that distinction matters from the first court appearance.

• Class A Misdemeanor: Theft of property valued at $500 or less, not taken directly from a person. Punishable by up to one year in jail and a fine of up to $2,500, plus restitution.
• Class 4 Felony: Theft of $500 or less when committed in a school or place of worship, involving government property, or when the defendant has a prior theft-related conviction. Carries 1 to 3 years in prison.
• Class 3 Felony: Theft valued between $500 and $10,000, or any amount taken directly from a person. Punishable by 2 to 5 years in prison.
• Class 2 Felony: Theft valued between $10,000 and $100,000, or $5,000 or more from a victim age 60 or older or a person with a disability. Carries 3 to 7 years in prison.
• Class 1 Felony: Theft valued between $100,000 and $500,000. Theft valued between $500,000 and $1,000,000 is a non-probationable Class 1 felony.
• Class X Felony: Theft of property valued over $1,000,000, or theft exceeding $100,000 from a school, place of worship, or government entity. Punishable by 6 to 30 years in prison.

Retail Theft Under Illinois Law

Retail theft, commonly called shoplifting, is defined under 720 ILCS 5/16-25 as a separate offense from general theft. It covers more than simply taking merchandise. Switching price tags, under-ringing items at self-checkout, and using devices to bypass security tags all qualify under the statute.

Retail theft of merchandise valued at $300 or less is a Class A misdemeanor. The charge becomes a felony when the accused has a prior theft, burglary, robbery, or forgery-related conviction, repeatedly uses a shielding device to defeat security tags, or uses an emergency exit to leave the store. Merchandise valued over $300 elevates the charge to a Class 3 felony. Using an emergency exit during a retail theft involving merchandise worth more than $300 is a Class 2 felony.

What Prosecutors Must Prove & Common Defenses

Illinois defines theft as knowingly obtaining or exerting unauthorized control over another person’s property, obtaining control through deception or threat, or knowingly receiving stolen property. The word “knowingly” is central. Prosecutors must prove beyond a reasonable doubt that the accused intended to permanently deprive the owner of the property’s use or benefit.

That intent requirement creates real defense opportunities. Common approaches include demonstrating a lack of intent to permanently deprive the owner, establishing a mistake of fact about ownership or permission, and challenging evidence obtained through unlawful searches. The right strategy depends on the specific facts, the charge level, and how the evidence was gathered.