In May, a woman was sentenced to four years in prison after being convicted of stealing pillowcases from the Mattoon Walmart on July 4 of last year. Her charge was upgraded from a misdemeanor to a felony due to past convictions. No agreement between the defense and prosecution could be reached regarding her sentencing after she pleaded guilty.

The penalty was a harsh one, and one many people face when they are accused of retail theft. Some people face worse. It is because of this that when a person is facing charges of retail theft, they often imagine the worst. However, if you have been charged, it is important to understand there are defenses available.

Lawful Ownership

Retail theft is a serious crime in and of itself. Stores across the country lose billions of dollars in merchandise due to theft, and because of that laws are written to severely penalize perpetrators. In fact, retailers lost $50 billion in 2017 due to shoplifting and other forms of fraud. Shoplifting property valued up to $500 is a Class A misdemeanor, punishable by up to a year in jail, whereas theft of property valued $500 to $10,000 is a Class 4 felony, punishable by up to three years in state prison.

However, there are other offenses that you can be charged with on top of theft charges that are not related to the value of the property taken. Possession of certain theft-related devices alone can land you in jail. Theft-related tools and devices vary, but a few of the most commonly used “high tech” gadgets include fabricated keys or devices used to steal from coin-operated machines, theft detection shielding devices, theft detection removal devices, and credit card scanners or recoding devices, used to defraud the customer.

Unlawful Possession of a Key or Device for a Coin-Operated Machine

Shoplifting is considered theft of an item for sale at a place of business. It is a major problem for retailers across the United States.Seemingly minor shoplifting habits,such as taking a candy bar or a pack of gum from a store without paying, canresult in major legal trouble.Moreover, depending on the value of the stolen items, felony charges could result.

In 2016, loss of inventory cost U.S. retailers nearly $49 billion. It isnot just outsiders stealing goods. Employee theft accounted for 30 percent of inventory loss.

Retail theft can occur in many ways. Even ringing up an item at a lower price is considered theft. The laws and penalties vary from state to state. Therefore, it is important to understand the laws that apply should you ever be charged with retail theft in Illinois.

Did you know that when a security guard at a mall in Illinois detains someone who is suspected of shoplifting, the guard is actually making a citizen’s arrest? In other words,he or she isacting as a private citizen andis therefore bound by our state’s private person arrest statute just like anyone elsewho makes a citizen’s arrest.

Citizen’s Arrests: The Basics

In Illinois, our private person arrest statute is codified in code section 725 ILCS 5/107-3 and states, “Any person may arrest another when he has reasonable grounds to believe that an offense other than an ordinance violation is being committed.” Therefore, a store’s security guard (or any other person for that matter) is legally withinhis or her rights under Illinois law to arrest you ifhe or she reasonably believe that you are shoplifting.

Under Illinois law shoplifting (also commonly referred to as retail theft) occurs when someone knowingly steals goods from a retail establishment. While shoplifting in Illinois can be committed in any of the various ways enumerated under 720 ILCS 5/16-25, shoplifting most commonly occurs when someone:

• Takes merchandise from a retail establishment without paying for it; or
• Exchanges the packaging of one item with the packaging of a lower priced item in order to pay a lower price.

Commonly Asserted Defenses

Although every shoplifting defense must be tailored to suit the facts of the applicable case, many shoplifting cases contain similar facts and, therefore, shoplifting defendants often assert similar defenses. Commonly asserted shoplifting defenses include: