Chicago Criminal Lawyer Blog
As a criminal defense attorney with over three decades of experience representing clients charged with Retail Theft and Burglary throughout Illinois, I’m often asked whether someone can be charged with Burglary for what seems like a simple act of shoplifting. This question arises frequently, especially in Cook County, DuPage County, Kane County, and other parts of the Chicago metropolitan area where prosecutors take a hard stance on theft-related crimes. The answer is yes, under certain circumstances, a person can be charged with Burglary for shoplifting, and the implications of such a charge are far more serious than most people realize.
In this blog post, I’ll explain the key differences between Retail Theft and Burglary in Illinois, when shoplifting can escalate to a Burglary charge, and what kind of penalties you could be facing. I’ll also share examples from real cases to illustrate how prosecutors handle these charges and why it is critical to have an experienced criminal defense lawyer on your side.
Understanding Retail Theft in Illinois
Retail Theft, commonly known as shoplifting, is defined under 720 ILCS 5/16-25 of the Illinois Criminal Code. It involves knowingly taking possession of, carrying away, transferring, or causing to be carried away any merchandise from a retail establishment with the intent to permanently deprive the merchant of the full retail value of the merchandise.
Retail Theft also includes acts such as:
- Altering or removing price tags to pay less than the full retail value
- Transferring merchandise from one container to another
- Under-ringing merchandise at a self-checkout kiosk
- Using a theft detection shielding device or remover
Depending on the value of the merchandise and prior convictions, Retail Theft can be charged as either a misdemeanor or a felony. Generally, if the value is under $300, it is a Class A misdemeanor. If it exceeds $300, or if the accused has prior theft convictions, it can be charged as a felony, which carries far more severe penalties.
Understanding Burglary in Illinois
Burglary is a separate and more serious offense, defined under 720 ILCS 5/19-1. It involves knowingly entering or remaining within a building, house trailer, watercraft, aircraft, motor vehicle, or railroad car without authority and with the intent to commit a felony or theft inside.
The key difference here is the intent at the time of entry. If you enter a retail store with the intent to commit a theft, such as shoplifting, you can be charged with Burglary even if the actual theft has not yet occurred. Burglary is generally classified as a Class 2 felony in Illinois, carrying a sentence of 3 to 7 years in the Illinois Department of Corrections. If the burglary was committed in a school, place of worship, or a daycare center, it becomes a Class 1 felony, with penalties of 4 to 15 years in prison.
Shoplifting vs. Burglary: The Key Distinction
While Retail Theft involves stealing merchandise, Burglary requires the prosecution to prove that you entered the premises with the intent to commit a theft or felony. This intent element is what allows prosecutors to escalate a shoplifting case to a Burglary charge.
Let’s look at an example. Suppose a person enters a department store during business hours, conceals items in a backpack, and walks out without paying. If this is their first offense and the value of the items is under $300, they will likely be charged with a misdemeanor Retail Theft.
However, if that same person had previously been caught shoplifting at the same store and had been banned from returning, and then returns again and commits another theft, prosecutors may argue that they entered the store with the specific intent to commit a crime. This could support a Burglary charge.
Real Case Examples
In one case I handled, a client was charged with both Retail Theft and Burglary after allegedly stealing designer sunglasses from a high-end store in Oak Brook. Surveillance footage showed the client entering the store with an empty shopping bag, filling it with merchandise, and walking out. Because the client had a prior ban from the store due to a previous shoplifting incident, prosecutors charged them with Burglary on the basis that the entry itself was unlawful and done with criminal intent.
In another case from Cook County, a young man was charged with Burglary after being caught removing electronics from a department store. Although the actual theft was relatively minor, evidence was presented that he had scoped out the store the previous day, which prosecutors argued demonstrated premeditated intent. He was ultimately charged with a Burglary, not Retail Theft.
These cases illustrate how easily a Retail Theft incident can become a Burglary case, especially if there are aggravating factors such as prior bans, criminal records, or evidence of planning.
Consequences of Retail Theft and Burglary Convictions
The penalties for Retail Theft and Burglary can be life-altering. A misdemeanor Retail Theft conviction can result in up to 364 days in jail, fines up to $2,500, and a permanent criminal record. Felony Retail Theft can result in years of prison time, especially with prior convictions.
Burglary, being a felony from the outset, carries harsher penalties. As a Class 2 felony, it comes with a mandatory prison sentence of 3 to 7 years, and it is not probationable in many cases. Additionally, a conviction for Burglary can severely impact your ability to find employment, secure housing, or apply for professional licenses.
Why You Need an Experienced Criminal Defense Attorney
As you can see, what might seem like a minor shoplifting incident can quickly spiral into a serious felony case with devastating consequences. If you or a loved one is facing charges for Retail Theft or Burglary in Illinois, it is crucial that you speak with an experienced criminal defense lawyer as soon as possible.
I have spent my career defending clients in Chicago, Schaumburg, Rolling Meadows, Skokie, Maywood, and across Illinois, and I understand how to challenge the prosecution’s evidence, negotiate for reduced charges, or even get cases dismissed entirely. In some cases, I’ve been able to get Burglary charges reduced to misdemeanors or secure probation instead of jail time.
James Dimeas, is a nationally-recognized, award-winning, criminal defense lawyer, with over-32 years of experience handling Retail Theft, Shoplifting and Burglary cases in Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, James Dimeas was named a “Top 100 Criminal Defense Lawyer in the State of Illinois for the Year” by the American Society of Legal Advocates. James Dimeas was named a “Best DUI Attorney” and a “Best Criminal Defense Lawyer in Chicago” by Expertise. James Dimeas was named a “Top 100 Criminal Defense Trial Lawyer” by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys awarded James Dimeas the “Top 10 Attorney Award for the State of Illinois.” James Dimeas is rated “Superb” by AVVO, the highest classification possible for any criminal defense lawyer in the United States. The American Institute of Criminal Law Attorneys recognized James Dimeas as a “10 Best Attorney for Client Satisfaction.” Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois.
Your future is too important to leave to chance. Contact James Dimeas at 847-807-7405, or fill out our online contact form for a free consultation and let me put my experience to work for you!
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