Charged with Retail Theft in Chicago? Attorney Andrew M. Weisberg Can Help

Retail theft charges in Illinois can have serious consequences, affecting your freedom, record, and future opportunities. While some cases result in misdemeanor charges, others are prosecuted as felonies, leading to significant penalties. With the recent changes in the Cook County State’s Attorney’s approach to retail theft, more cases are being prosecuted harshly, making it more important than ever to have an experienced defense attorney on your side.

If you have been charged with shoplifting or retail theft in Chicago, you need an aggressive and knowledgeable defense lawyer who understands the evolving legal landscape. Andrew M. Weisberg, a former Cook County prosecutor turned criminal defense attorney, has the experience and insight needed to defend against these charges and work toward the best possible outcome in your case.

How Illinois Defines Retail Theft (720 ILCS 5/16-25)

Under Illinois law, retail theft occurs when an individual knowingly takes, transfers, or alters the price of merchandise from a retail establishment with the intent to deprive the store of full payment. Common forms of retail theft include:

• Physically taking merchandise from a store without paying
• Altering or switching price tags to pay less than the actual price
• Concealing merchandise inside a bag, purse, or clothing with the intent to steal
• Using a fraudulent credit card or bad check to make a purchase
• Removing a shopping cart from a store’s premises
• Assisting another person in committing retail theft

The severity of the charge depends on the value of the stolen merchandise and the accused person’s criminal history.

New, Tougher Retail Theft Policies in Cook County (2024)

Until recently, the Cook County State’s Attorney’s Office followed a policy that required the value of stolen goods to exceed $1,000 before filing felony charges in most retail theft cases. However, under the new State’s Attorney, who took office in December 2024, retail theft cases are being prosecuted more aggressively.

Now, any retail theft over $300 is being charged as a felony, a significant shift from the previous approach. This means that more people who would have previously faced misdemeanor charges are now being hit with felony-level consequences, which can lead to:

• Permanent felony records that severely impact job prospects, housing, and professional licenses
• Longer potential jail or prison sentences
• Stronger resistance from prosecutors in plea negotiations

Additionally, prosecutors are now less willing to offer alternative resolutions such as deferred prosecution, court supervision, or diversion programs that would have allowed for charges to be dismissed upon successful completion. This makes strong legal representation more critical than ever in defending against retail theft charges.

Penalties for Retail Theft in Illinois

Depending on the value of the merchandise stolen and prior criminal history, retail theft may be classified as either a misdemeanor or a felony:

Misdemeanor Retail Theft (Under $300)

• Class A Misdemeanor
• Up to 364 days in jail
• Fines of up to $2,500
• Possible probation, community service, or court supervision

Felony Retail Theft ($300 or More)

• Class 4 Felony (For theft over $300 but under $10,000)
• 1 to 3 years in prison
• Fines up to $25,000
• Probation may be possible, but jail time is increasingly common under current prosecution policies
• Class 3 Felony (For theft over $10,000 but under $100,000)
• 2 to 5 years in prison
• Class 2 Felony (For theft over $100,000 but under $500,000)
• 3 to 7 years in prison

For cases involving organized retail crime or repeat offenders, prosecutors may pursue even harsher penalties.

How Andrew M. Weisberg Can Defend Your Retail Theft Case

With Cook County’s new crackdown on retail theft, it’s essential to have a defense attorney who knows how to challenge the prosecution’s case and fight for the best possible outcome.

Andrew M. Weisberg is a former Cook County prosecutor who understands how the State builds retail theft cases—and how to counter them effectively. He has successfully defended numerous clients against shoplifting and retail theft charges by using strategic defenses such as:

• Lack of Intent – The prosecution must prove that you intended to permanently deprive the store of its merchandise. Accidental concealment, forgetting to pay, or misunderstandings at self-checkouts are not crimes.
• Mistaken Identity – Many theft cases rely on store surveillance footage or eyewitness testimony, which can be unreliable. If there is doubt about who committed the crime, the case could be weakened.
• Violation of Rights – If you were unlawfully searched, detained, or questioned without being read your Miranda rights, key evidence may be thrown out.
• Challenging Evidence – In some cases, store security or loss prevention employees may lack proper training or violate company policies, leading to unreliable evidence.
• Negotiating for Reduced Charges – Given the new, tougher stance on retail theft, negotiating a reduction from felony to misdemeanor charges can significantly improve your chances of avoiding a permanent felony record.

Why You Need an Experienced Chicago Retail Theft Lawyer

With Cook County prosecutors taking a harsher approach to retail theft and limiting opportunities for alternative sentencing, having the right attorney could make the difference between a conviction and a dismissal.

Andrew M. Weisberg has decades of experience handling theft cases, including felony and misdemeanor retail theft charges. His insider knowledge of the prosecution gives him a strategic advantage in negotiating with the State, identifying weaknesses in their case, and aggressively defending his clients.

If you or a loved one is facing retail theft charges in Chicago, you cannot afford to wait. The sooner you involve a skilled defense attorney, the better your chances of securing a favorable outcome.

Contact Andrew M. Weisberg for a Free Consultation Today

If you have been charged with shoplifting or retail theft in Chicago, do not take chances with your future. Call Andrew M. Weisberg today to discuss your case and begin building a strong defense.

• Call: (773) 908-9811
• Online: Fill out our Case Review Form for a free consultation

Under Cook County’s new prosecution policies, retail theft is being treated more seriously than ever before. Let Andrew M. Weisberg fight to protect your rights, your record, and your future.