What Turns a Theft Charge into a Felony in Illinois?

 Posted on December 20, 2025 in Criminal Defense

Many people assume that theft charges are not all that serious and are typically misdemeanors. This may or may not be the case, and such an assumption can be dangerous for your future. Theft charges in Illinois can be treated very differently. Some theft charges are misdemeanors, while others can quickly escalate into felonies.

A felony conviction, aside from having serious legal penalties attached, can also bring long-term collateral consequences. The difference between a misdemeanor and felony theft charge can come down to issues like the value of the property taken, prior convictions, and the type of item taken. Even a first-time offender may be shocked to find he or she is facing felony theft charges.

Illinois law allows prosecutors to elevate theft cases, even when no force was used and no one was hurt. If you are facing theft charges, it is imperative that you understand how your charges could escalate into felonies. This, and having an experienced Kane County, IL criminal defense attorney, are the first steps toward building a strong defense to your charges.

Illinois Misdemeanor Versus Felony Theft Charges

Illinois law (720 ILCS 5/16-1) defines theft broadly. Theft is taking property, using deception, or exerting control over property without the owner’s consent. Theft charges can range from misdemeanors to serious felonies, depending on the circumstances. Felony theft carries much higher penalties, including prison time, while misdemeanor theft is usually punishable by fines and shorter jail sentences. The factors that determine how a theft charge is classified include:

The Value of the Property

The value of the property; theft is often charged as a felony when the value of the stolen property exceeds $500. While other issues can factor into the decision, the value of the property is usually the number one reason for a misdemeanor theft being bumped up to a felony.

A Prior Theft Conviction

Prior theft convictions: a prior theft conviction can turn a new theft charge that would have been a misdemeanor into a felony, even if the amount is less than $500. Enhancements are allowed for repeat offenders.

The Type of Property

Special types of property: If the theft involves a motor vehicle, firearm, government property, or certain financial or access devices, the law treats these as higher-risk property, regardless of the dollar value, so they may be charged as a felony.

The Victim’s Identity

The identity of the victim can also make a difference between a misdemeanor theft charge and a felony theft charge. Theft from an elderly or disabled person is likely to lead to enhanced charges or sentencing considerations, especially when deception or exploitation is involved.

Retail Theft Versus Organized Retail Theft

Retail theft is one of the most common theft charges and is often known as shoplifting. While small retail theft cases are often misdemeanors, charges can become felonies when the defendant has prior retail theft convictions, the value exceeds statutory limits, or the theft is part of an organized retail theft scheme. Organized retail theft carries particularly harsh penalties. Organized retail theft is the large-scale, coordinated stealing of merchandise by groups for resale. The proceeds from organized retail theft often fund other crimes.

Contact a Naperville, IL Theft Attorney

A felony conviction can also affect employment, housing, and professional licensing, and can follow you for a very long time. Early legal intervention can often make the difference between a misdemeanor theft charge and a felony theft charge.

Felony theft cases move quickly, and an experienced Kane County, IL criminal defense lawyer from the Law Office of Patricia Magaña, LLC can evaluate evidence issues, valuation disputes, and challenge prior records. Attorney Magana will fight to protect your future. Schedule your free consultation today by calling 630-448-2001. Se habla español.