Common Defenses Against Retail Theft Charges in Illinois

 Posted on June 05, 2025 in Criminal Defense

Contrary to popular belief, retail theft, also known as shoplifting, can have serious consequences. If convicted in Illinois, you can face jail time, significant fines, and a stain on your criminal record. As you navigate the legal process, a Kane County, IL shoplifting attorney can help you understand your charges and the legal options available. Start by considering some potential defense strategies common to retail theft cases and how they may apply to the circumstances surrounding your arrest.

Challenging Allegations of Retail Theft in Illinois

A strong defense is personalized to accommodate the unique situation that led to your arrest and the elements of the investigation that occurred afterward. When you work with a legal representative who is well-versed in how Illinois law addresses retail theft, your counsel will assess the case to determine how best to approach your defense. However, common strategies for fighting a shoplifting charge include:

• Lack of intent: The prosecution will need to show that you intended to take the items without paying, but if it was an accident, which is common, you can argue that the entire incident was just a misunderstanding.

• Fourth Amendment violation: If the officers or store security did not follow procedure when detaining or searching you, meaning they did not have probable cause to do so, any evidence they obtained during the search may be inadmissible in court. 

• No evidence: When you are charged with a criminal offense, the prosecution is responsible for proving guilt beyond a reasonable doubt. If your attorney can prove that they lack sufficient evidence to convict, the court may dismiss the case.

• Theft under duress: Statute 720 ILCS 5/7-11 states that you are not guilty of an offense if you were forced to do it under threat of bodily harm or death. If someone forced you to commit retail theft and you can prove it, the charges could be dropped.

• Mistaken identity: Low-quality camera footage or unreliable eyewitness testimony could result in law enforcement arresting the wrong person. If this type of evidence was used to identify you, you may be able to challenge it in court.

Sometimes, shoplifting charges are just the result of imperfect retail systems. Employees could mistakenly accuse you of theft when a kiosk or register scans the item incorrectly or does not properly record the purchase. Your attorney can help you understand the evidence needed to prove that you did not intentionally take the item without paying for it. 

What You Should Know About Retail Theft Charges in Illinois

A shoplifting conviction can be a misdemeanor or a felony, depending on the value of what was allegedly stolen. However, even a misdemeanor can result in significant jail time and fines up to $2,500. If you have never been charged with retail theft before, the prosecution will sometimes work with you and your attorney to offer options besides conviction. For example, community service, probation, and diversion programs are forms of restitution that may be available. Talk to your attorney about how a conviction could impact you.

Contact an Elgin, IL Retail Theft Defense Attorney for a Free Consultation

The circumstances leading up to a retail theft charge can be complicated. Whether the charges against you have merit or not, you need an experienced Aurora, IL retail theft defense lawyer at The Law Office of Brian J. Mirandola to help you challenge the charges and, at the very least, minimize the impact. Call 847-488-0889 to schedule your free consultation today and find out how we can work together to build a defense strategy that works best for your case.