Can I Go to Jail for Shoplifting in Illinois?

 Posted on July 24, 2025 in Theft

Shoplifting may seem like a minor offense, but under Illinois law, it can carry serious penalties, including jail time. Whether you have been accused of taking a low-cost item or were involved in a more significant incident, you could face criminal charges with lasting consequences. A Wheaton, IL shoplifting defense attorney can assess your case and help you build your defense strategy.

How Does Illinois Law Define Shoplifting?

In Illinois, shoplifting is legally defined as "retail theft." This includes more than just taking merchandise without paying. According to 720 ILCS 5/16-25, retail theft occurs if you knowingly take or alter property from a retail store with the intention of not paying the full price. The law also covers other forms of theft, such as switching price tags, removing theft detection devices, or using tools to facilitate theft. 

Is Shoplifting a Misdemeanor or a Felony in Illinois?

The severity of the charge depends on the value of the merchandise and the circumstances surrounding the incident. Generally, if the stolen property is worth less than $300, the charge is a Class A misdemeanor. This can result in a year in jail and over $2,000 in fines. However, if the value is more than $300, or if you have a prior theft-related conviction, the charge may be upgraded to a felony. Under 720 ILCS 5/16-1, felony theft charges are more severe and have more serious penalties, including five years or more in prison, depending on the classification.

Certain factors can also elevate a misdemeanor to a felony. For example, even using an emergency exit to flee the store can result in a Class 4 felony, even if the stolen item is worth less than $300. A Class 4 felony can result in up to three years in prison and fines as high as $25,000.

How Do You Fight a Shoplifting Charge in Illinois?

If you have been charged with retail theft for shoplifting, there are several potential defenses your attorney may explore:

• Lack of intent: You did not intend to steal the item. For example, maybe you were distracted or believed you had already paid for the item.

• Mistaken identity: You were wrongly accused or misidentified by store personnel or surveillance footage.

• Unlawful search or seizure: Law enforcement or store security may have violated your rights while detaining or searching you.

• Property ownership dispute: You believed the property was yours or that you had permission to take it.

• Diversion programs: If you are a first-time offender, you may qualify for court supervision or a retail theft diversion program that avoids a conviction.

Every case is different; your defense should be based on the unique details and circumstances of what happened to you.

Contact a Wheaton, IL Retail Theft Defense Attorney Today

If you are facing retail theft charges, the stakes are too high to face the legal system alone. At Davi Law Group, LLC, founding attorney Dion U. Davi brings the perspective of a former prosecutor and the dedication of an experienced defense attorney to every case. Since opening the firm, he has helped hundreds of clients in Northern Illinois navigate the criminal justice system with compassion and precision.

Mr. Davi has also been named as one of the prestigious Super Lawyers for several years, a distinction that reflects both peer recognition and professional achievement. He and his team will advocate for your rights with diligence, strategy, and personal attention. Call 630-580-6373 to schedule a free consultation with our DuPage County, IL retail theft defense lawyers today.