Chicago Criminal Lawyer Blog
Aurora, Illinois, a bustling city with a rich industrial history and vibrant retail scene, serves as a hub for commerce in Kane County. With its numerous shopping malls and retail establishments, Aurora also sees its share of retail theft accusations. Being charged with shoplifting in Aurora is not only stressful but can also have long-lasting consequences. The Law Offices of David L. Freidberg is dedicated to providing strong legal representation for those accused of shoplifting in Aurora.
Illinois Retail Theft Laws Explained
Shoplifting, categorized as retail theft, is addressed under 720 ILCS 5/16-25 of the Illinois Criminal Code. Retail theft encompasses a variety of actions, including taking merchandise without payment, altering price tags, and under-ringing items at checkout. The key element is the intent to deprive the merchant of the item’s value.
The severity of the charges depends on the value of the merchandise. Theft of items valued at less than $300 is generally a Class A misdemeanor, while theft of items valued at $300 or more is classified as a Class 4 felony. Aggravating factors, such as prior convictions or the use of theft detection shielding devices, can elevate the charges and penalties.
Convictions for retail theft can result in significant penalties, including jail time, fines, and a criminal record that can impact future opportunities. For repeat offenders, even misdemeanor theft can be elevated to felony status, increasing the potential penalties.
What Happens After a Shoplifting Allegation?
Retail theft cases often begin when store employees or security staff suspect someone of shoplifting. This suspicion may arise from direct observation, surveillance footage, or inconsistencies at the checkout counter. Once law enforcement is contacted, the accused may be detained, questioned, and either arrested or issued a citation.
After an arrest, the legal process begins with an arraignment, where the defendant is formally charged and enters a plea. The case then moves into the discovery phase, allowing both sides to present evidence. Throughout this process, having a skilled attorney is critical to ensuring that the accused’s rights are protected.
Defending Against Shoplifting Charges
A strong defense in a retail theft case often hinges on the intent—or lack thereof—of the accused. Illinois law requires the prosecution to prove that the accused knowingly and intentionally attempted to steal. Mistakes, misunderstandings, or lack of intent can form the basis for a defense.
Procedural errors during the arrest or evidence collection can also serve as grounds for a defense. For example, if the accused was unlawfully detained or coerced into making statements, this could result in the suppression of critical evidence. A skilled defense attorney will scrutinize every detail of the case to identify opportunities to challenge the charges.
Call Attorney David Freidberg For Your FREE Consultation
If you’re facing shoplifting charges in Aurora, Illinois, act now to protect your rights and future. Contact The Law Offices of David L. Freidberg for a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We proudly defend clients in Aurora, Chicago, and the surrounding areas. Let us provide the aggressive defense you need to protect your future.
