Facing Theft Charges in Illinois? Here’s How a Criminal Defense Attorney Can Help
If you’ve been accused of theft in Illinois, you could face jail or prison, fines, restitution, and long-term collateral consequences. Illinois law defines theft broadly, and charge levels depend on property value, circumstances, and history. A defense attorney can assess evidence, raise legal defenses, negotiate with prosecutors, and pursue outcomes that protect your record. For help now, contact us.
What Counts as Theft in Illinois?
Illinois law prohibits knowingly obtaining or exerting unauthorized control over someone else’s property, or obtaining control by deception or threat, with an intent to permanently deprive the owner of the property. The statute also covers obtaining control over property known to be stolen. See 720 ILCS 5/16-1 (Theft).
Related offenses include retail theft (shoplifting), theft by deception, possession of stolen property, and theft of lost or mislaid property. Retail theft is addressed separately. See 720 ILCS 5/16-25 (Retail Theft).
How Theft Is Charged: Misdemeanors vs. Felonies
Theft charges in Illinois range from misdemeanors to felonies based on factors such as the value and type of property, where and how the alleged conduct occurred (for example, theft from a person or from a school or place of worship), and, in some circumstances, prior convictions. Retail theft has its own thresholds and specific provisions. Because statutory thresholds and enhancements can change, review the current text of 720 ILCS 5/16-1 and 720 ILCS 5/16-25 or consult a lawyer.
Potential Penalties and Collateral Consequences
Possible outcomes include probation, jail or prison, fines, restitution, community service, and court-ordered classes or treatment. Beyond the courtroom, a theft conviction can affect employment, professional licensing, immigration status, housing, and educational opportunities. Some jurisdictions may offer diversion or other alternatives in appropriate cases, but availability varies by county and case facts.
Common Defenses in Illinois Theft Cases
Defenses depend on the facts and the specific charge. Examples include:
- Lack of intent to permanently deprive the owner of property
- Mistake of fact or a good-faith ownership or right-to-possession claim
- Insufficient evidence, unreliable identification, or credibility issues
- Fourth Amendment issues (for example, an unlawful stop, search, or seizure) that may support suppression of evidence
- Disputes over property valuation or ownership
In retail theft cases, issues may arise with store security procedures, surveillance footage, witness reliability, and chain-of-custody for physical evidence.
Practical Tips
- Do not discuss your case on social media; screenshots can be used as evidence.
- Gather receipts, messages, and contact information for any witnesses right away.
- Save and back up relevant video or phone data that might support your defense.
- Attend every court date on time and dress respectfully.
Checklist: Immediate Steps
- Remain calm and exercise your right to remain silent. Politely state that you want an attorney before answering questions.
- If asked for consent to search, you generally have the right to decline. If you are unsure, state that you do not consent and ask to speak with a lawyer.
- Preserve potential defense evidence, such as receipts, messages, location data, or witness information.
- Contact a criminal defense attorney as early as possible to address bond, charging decisions, and discussions with prosecutors. You can reach our team here.
How an Illinois Criminal Defense Attorney Can Help
An experienced attorney can evaluate the evidence, identify legal defenses, negotiate with prosecutors, seek dismissal or reduction of charges, advocate for favorable release conditions, and prepare for trial if necessary. Counsel can also advise on diversion, deferred prosecution, or other outcomes that may reduce long-term consequences and protect your record.
Expungement, Sealing, and Record Relief
Depending on the outcome of the case and your history, you may be eligible for expungement or sealing of certain records under Illinois law. Eligibility and procedures vary by offense, disposition (for example, dismissal, supervision, conviction), and prior record. See the Criminal Identification Act, 20 ILCS 2630/5.2. Because record relief rules are nuanced and periodically updated, consult counsel to assess your options.
FAQs
Will I go to jail for a first-time theft charge in Illinois?
Outcomes vary by value, facts, and your history. Many first-time cases can result in supervision, diversion, or probation, but jail is possible. A lawyer can help pursue alternatives.
What if I accidentally forgot to pay?
Lack of intent to permanently deprive the owner can be a defense. Evidence such as receipts, messages, or your actions after the incident may be relevant.
Should I talk to the store or police to clear things up?
Exercise your right to remain silent and speak with an attorney first. Statements can be used against you even if you meant to help yourself.
Can a theft arrest or charge be removed from my record?
Arrests, dismissals, and some outcomes may qualify for expungement or sealing under 20 ILCS 2630/5.2. Eligibility depends on the disposition and your history.
How quickly should I contact a lawyer?
Immediately. Early intervention can affect charging decisions, bond, evidence preservation, and negotiations.
Act Promptly to Protect Your Rights
Deadlines and procedural requirements apply at many stages of a theft case, from initial appearances and discovery to motions and potential appeals. Timelines can vary by county and case posture. To avoid missing critical steps and to protect your rights, speak with an Illinois criminal defense attorney promptly. To get started, contact us for a confidential consultation.