Retail theft is a common criminal charge and Harter & Schottland defends retail theft cases regularly.

Retail theft is charged in a variety of situations. The most common retail theft charge is where a person is accused of taking merchandise from a store without paying for it.

However, retail theft may also be charged where a person changes a price tag and purchases the merchandise at less than the full retail value. Another common situation where retail theft gets charged is where a person is accused of under-ringing merchandise with the intention of depriving the store the full value of the property.

Illinois law also prohibits possession of any theft detection, shielding device or theft detection device remover with the intend to commit retail theft.

Usually retail theft is charged as a class A misdemeanor. A class A misdemeanor is the most serious misdemeanor charge and carries a maximum possible sentence of 1 year in jail and a fine of up to $2,500. 

Sometimes retail theft can be charged as a felony. For example, if a person takes less than $300 worth of merchandise and leave the store through an emergency exit, that can be charged as a class 4 felony. Additionally, if the value of the property allegedly stolen exceeds $500 or the accused has a prior conviction for retail theft, that also may be charged as a class 4 felony. Generally, the maximum possible penalty for a class 4 felony is 3 years in prison and a fine of $25,000.

If a person accused of retail theft has prior convictions for certain theft related offenses such as robbery, theft, armed robbery, burglary home invasion or certain credit card offenses, that also may be used to increase a retail theft charge to a felony.