How to Overcome a Theft Charge in Illinois

 Posted on June 27, 2025 in Criminal Defense

Being charged with theft in Illinois can be a frightening, overwhelming experience. It is important to remember that a charge is not the same as a conviction. Whether you have been accused of shoplifting, employee theft, or even a more serious charge like burglary or auto theft, you have legal rights and possible defenses.

The prosecutor in the case must prove the case beyond a reasonable doubt, including showing intent on your part and valuing the stolen property. The right legal strategy, combined with experienced legal representation, can result in a reduction of charges or less severe penalties. In some cases, your Kane County, IL criminal defense lawyer may even be able to have the case dismissed, depending on the circumstances.

What Are the Types of Theft Charges in Illinois

Under the Illinois Criminal Code, a person commits theft when he or she knowingly exerts control over someone else’s property without authorization from the owner or:

• Through deception or threats, a person obtains control over another’s property.
• Knowing the property was stolen, a person obtains control over the stolen property.
• When it could be reasonably assumed that the property was stolen, a person gains control over that property.
• After a law enforcement officer explicitly represents property as stolen, a person gains control over that property.

Theft crimes can vary considerably, from pickpocketing and shoplifting to grand theft auto, burglary, and embezzlement. The charges may be misdemeanors or felonies, depending on the method used to take the property and its value. Grand theft auto penalties could be a misdemeanor or a felony, depending on the value of the car.

Shoplifting is generally a misdemeanor if the value of the property taken is under $300, but it can be a felony if the property taken is worth more than $300.  Robbery is a Class 2 felony with potential imprisonment for up to seven years. Burglary is also a Class 2 felony that can, in some cases, escalate to an even more severe felony.

Burglary typically uses force or the threat of force, while burglary involves unlawful entry to private property with the intent to steal. Penalties for embezzlement in the state range from a misdemeanor to a Class X felony, depending on the value of the property stolen.

What Must the Prosecution Prove?

The burden of proof lies with the prosecutor, who must prove unauthorized control or taking of property with intent to deprive the owner permanently. If the defense can create enough doubt regarding these elements, the defendant may be acquitted, or the charges may be dropped.  

What Are Some Defenses Used for Theft Crimes?

The role of intent in theft charges cannot be overstated. The prosecution must show beyond a reasonable doubt that the individual intended to deprive the owner of the property of that property. Besides lack of intent, some other defenses used in theft crimes include:

• Misunderstanding
• Coercion
• Insufficient evidence
• Right to possession
• Illegal search and seizure
• Violations of constitutional rights
• Other police errors

Prior convictions can impact a theft crime defense, perhaps even leading to harsher penalties. If this is your first offense, your attorney may be able to secure a Pretrial Diversion Program that can ultimately keep the offense off your record and prevent you from having to spend time in jail.

Contact a DuPage County, IL Theft Charges Attorney

A theft charge does not have to define your future. With the right defense strategy, you may be able to avoid conviction, but your best chance starts when you act quickly to have a skilled Naperville, IL theft charges lawyer from Law Office of Patricia Magaña, LLC by your side.

Attorney Magana possesses in-depth knowledge of criminal defense work and over 15 years of experience. She has successfully represented numerous clients who have made mistakes and need assistance in getting their lives back on track. Attorney Magana is also bilingual. Call 630-448-2001 to schedule your free consultation.