June 05, 2009
/24-7PressRelease/ -- Shoplifters May Face Burglary Charges
Article provided by Brucar & Yetter, P.C., please visit us at
http://www.brucarandyetter.com
If you get caught shoplifting in the Illinois counties west of Chicago, you may face charges for burglary. Depending on the circumstances, prosecutors may opt to charge a person with burglary, which is a Class 2 felony in Illinois, rather than retail theft. The ultimate crime you are charged with can make a big difference in the penalties you may face.
There has been a recent tendency for prosecutors to charge individuals who have been caught shoplifting with burglary. Under Illinois law, a person "commits burglary when without authority he knowingly enters or without authority remains within a building . . . with intent to commit therein a felony or theft." (720 ILCS 5/19 1(a)). Prosecutors are basing the charge on the theory that the person has entered and remained in the store with an intent to commit a crime thereby exceeding the bounds of being in the store legally. Charging shoplifting as burglary, which is a felony, may be a way for prosecutors to record more felony convictions.
There are a number of different actions that constitute retail theft under Illinois law, including knowingly carrying away merchandise without paying for it with the intent of keeping it and altering or removing price tags and trying to buy the merchandise at less than full retail value. (720 ILCS 5/16A 3).
Retail theft can be classified as either a misdemeanor or felony depending on the amount of the item or items stolen and the person's criminal history. If the full retail value of the property is $150 or less, it is a Class A misdemeanor; if it is over $150, it is a Class 3 felony. (720 ILCS 5/16A 10(1) & (3)). If a person is convicted of retail theft of property worth $150 or less, but he or she has a previous conviction for theft, robbery, armed robbery, burglary, residential burglary, possession of burglary tools or home invasion, it is a Class 4 felony. (720 ILCS 5/16A 10(2)). In some cases, a prosecutor may charge a person with felony retail theft, but then offer to accept a plea to misdemeanor retail theft.
The potential penalties for a conviction for burglary and retail theft differ in severity. Supervision is available for misdemeanor retail theft. Supervision is basically a deferment of judgment. If a person meets all of the requirements of supervision -- such as performing community service or paying restitution -- the person will not receive a conviction on his or her permanent record. If you have been caught shoplifting in the western counties of Chicago, talk to a criminal defense attorney about your situation.
Article provided by Brucar & Yetter, P.C., please visit us at
http://www.brucarandyetter.com---
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