I Am a Former Prosecutor Who Will Fight for Your Rights
Theft Crimes Defense
Representation at Every Stage of Your Theft Crimes Case
Theft charges in Illinois cover far more ground than most people expect — and the difference between a misdemeanor and a felony often comes down to a single dollar amount or a single prior conviction. W. Scott Hanken has spent 37 years on both sides of these cases, first as a Sangamon County prosecutor and now defending clients against everything from a first-time shoplifting charge to felony burglary and forgery allegations.
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A Former Prosecutor on Your Side
Theft cases often turn on details that aren’t obvious from the charge itself: how the value of the property was calculated, whether intent can actually be proven, and whether the evidence was gathered lawfully. Having prosecuted these cases before defending against them, Attorney Hanken knows exactly what the State has to prove — and where that proof tends to be weakest.
He’s rated Avvo 10.0 “Superb,” has been voted “Best Attorney” by both the Illinois Times and the State Journal-Register, and has earned 270+ five-star Google reviews and 340+ five-star FindLaw reviews. His office is in Springfield, a short walk from the Sangamon County Courthouse where most local theft cases are heard.
Theft Crimes We Defend
This office handles theft allegations ranging from first-time shoplifting to felony burglary, robbery, and financial fraud.
Commonly defended charges include:
- General theft (taking property or services without authorization)
- Retail theft (shoplifting)
- Burglary and residential burglary
- Robbery and armed robbery
- Motor vehicle theft
- Forgery
- Deceptive practices (writing bad checks)
- Unlawful use of a credit or debit card
- Embezzlement and theft by an employee
The more serious the offense — and the larger the dollar amount involved — the more likely a conviction means real prison time rather than probation. Many of these cases also involve extensive paper trails, surveillance footage, or financial records that need to be carefully investigated before any defense strategy can be built.
How Illinois Classifies Theft: It’s All About Value
Under the general theft statute (720 ILCS 5/16-1), the dollar value of what was taken — not just the act itself — is usually what decides whether you’re facing a misdemeanor or a felony, and which felony class.
| Value / Circumstances | Classification |
|---|---|
| $500 or less, not taken from a person | Class A misdemeanor |
| Taken directly from a person (any amount up to $500), or $500–$10,000 | Class 3 felony |
| $10,000–$100,000 | Class 2 felony |
| $100,000–$500,000 | Class 1 felony |
| $500,000–$1,000,000 | Class 1 felony, non-probationable |
| Over $1,000,000 | Class X felony |
Several factors push a charge up even when the value alone wouldn’t: theft committed in a school or place of worship, theft of government property, or a prior conviction for theft, robbery, burglary, or a related offense can each turn what would otherwise be a misdemeanor into a Class 4 felony. The value of the property is something the State has to prove beyond a reasonable doubt — if they can’t establish the amount, the charge (or the conviction) may be reduced.
Retail Theft (Shoplifting): A Different Threshold
Illinois has a separate statute just for retail theft (720 ILCS 5/16-25), and it uses a lower dollar threshold than general theft — $300, not $500.
- $300 or less (or $150 for motor fuel): Class A misdemeanor
- $300 or less, with a prior theft-related conviction: Class 4 felony
- Any value, using a theft-detection shielding device or remover (a second or subsequent time): Class 4 felony
- Any value, using an emergency exit to facilitate the theft: Class 4 felony
- Over $300: Class 3 felony
- Over $300, using an emergency exit: Class 2 felony
You don’t have to successfully leave the store to be charged — concealing merchandise with intent to steal it is enough, even if you’re stopped before reaching the exit. Switching price tags to pay less than full price also qualifies as retail theft, separate from simple concealment.
Burglary, Robbery, and Theft Aren’t the Same Thing
These three charges are often confused, but Illinois law treats them very differently — burglary is about unauthorized entry, robbery requires a victim and force, and theft requires neither.
- Burglary (720 ILCS 5/19-1) happens when someone enters a building, vehicle, watercraft, or similar property without authority, intending to commit a theft or felony inside. No victim needs to be present, and nothing has to actually be taken — the unauthorized entry with criminal intent is the crime itself. Burglary of most property (vehicles, boats, etc.) is a Class 3 felony; burglary of a building is generally a Class 2 felony; burglary of a school, daycare, or place of worship is a Class 1 felony.
- Residential burglary (720 ILCS 5/19-3) — entering someone’s dwelling with intent to commit a theft or felony — is treated significantly more seriously than ordinary burglary. It’s a Class 1 felony and is non-probationable in most circumstances, meaning a conviction generally means prison rather than probation.
- Home invasion (720 ILCS 5/19-6) — entering a home knowing someone is present, then using or threatening force — escalates further to a Class X felony, with mandatory sentencing enhancements if a firearm is involved.
Robbery & Armed Robbery: When Force Changes Everything
Robbery requires taking property directly from a person by force or the threat of force — armed robbery adds a weapon to that equation, and the penalties jump accordingly.
- Robbery (720 ILCS 5/18-1): a Class 2 felony, enhanced to a Class 1 felony if the victim is 60 or older, has a physical disability, or the robbery occurs in a school, daycare, or place of worship.
- Aggravated robbery (720 ILCS 5/18-1(b)): indicating — verbally or through actions — that you’re armed with a firearm or dangerous weapon, even without actually having one, is a Class 1 felony.
- Armed robbery (720 ILCS 5/18-2): actually being armed with a dangerous weapon is a Class X felony. If the weapon is a firearm, 15 years is added to the sentence; if it’s discharged, 20 years is added; if it causes great bodily harm or death, the enhancement climbs to 25 years up to natural life.
Forgery, Bad Checks & Credit Card Fraud
Forgery, deceptive practices, and credit card-related charges all hinge on intent to defraud — and the penalties scale with how much money was involved and whether it’s a repeat offense.
- Forgery (720 ILCS 5/17-3): knowingly making or altering a false document capable of defrauding someone, or possessing or delivering one with that intent. Forgery is a Class 3 felony, and a conviction creates a permanent record that cannot be expunged or sealed.
- Deceptive practices / bad checks (720 ILCS 5/17-1): writing a check you know won’t be honored is generally a Class A misdemeanor — but it escalates to a Class 4 felony if the amount involved exceeds $150 (in a single transaction or aggregated over a 90-day period), or if it’s a repeat offense involving multiple bad checks within a 12-month period.
- Unlawful use of a credit or debit card, including possessing stolen card information or fraudulently obtained cards, is generally charged under this same framework, with felony exposure once the value crosses these same thresholds.
Embezzlement & Theft by an Employee
Illinois doesn’t have a separate “embezzlement” statute — these cases are prosecuted under the same general theft law, which means an employer can aggregate many small takings into a single, much larger felony charge.
When someone in a position of trust — an employee, a bookkeeper, an officer of an organization — takes money or property they were only authorized to handle, not keep, that’s still theft by “unauthorized control” under 720 ILCS 5/16-1. What makes these cases distinct is how the value is often calculated: a continuing pattern of smaller takings over time can be combined into a single charge, which can turn what looked like a series of minor incidents into a high-level felony. These cases frequently rest on financial records, audit trails, and the accuracy of the employer’s own bookkeeping — all of which can be challenged.
The Permanent Record Problem
A felony theft conviction in Illinois generally cannot be expunged or sealed — ever, short of a governor’s pardon — which makes the misdemeanor/felony line one of the most consequential details in any theft case.
Misdemeanor theft convictions, and cases that end in dismissal, acquittal, or successful diversion, may be eligible for sealing or expungement under 20 ILCS 2630/5.2. A felony conviction is a different story: it becomes a permanent part of your record, visible on background checks, and can affect employment, housing, and professional licensing for the rest of your life. This is exactly why pushing a case below the felony threshold — on value, on classification, or on the facts — is so often the central goal of a theft defense.
How We Fight Theft Charges
Many theft cases are won on proof problems — the State has to establish value, intent, and identity beyond a reasonable doubt, and each of those is a real point of attack.
Common defense strategies include:
- Challenging intent — theft requires knowingly exerting unauthorized control over property; a genuine misunderstanding, a good-faith belief you had a right to the property, or simple confusion can undercut that element entirely
- Disputing the value — since value often determines the felony class, a successful challenge to the State’s valuation can move a case down an entire classification
- Mistaken identity — particularly common in retail and crowded-space settings, where surveillance footage and witness accounts can clear up confusion
- Challenging the search or seizure — evidence obtained in violation of your Fourth Amendment rights may be suppressed
- Attacking financial and chain-of-custody records — in forgery, fraud, and embezzlement cases, the State’s documentation is often the entire case
Even where a full dismissal isn’t realistic, many theft cases resolve through negotiated reductions, diversion programs, or court supervision rather than a felony conviction.
Frequently Asked Questions (FAQs)
What’s the difference between theft, robbery, and burglary in Illinois?
Theft is taking property without authorization — no force or entry required. Robbery requires taking property directly from a person using force or the threat of force. Burglary requires entering a building, vehicle, or similar property without authority and with intent to commit a theft or felony inside, regardless of whether anything is actually taken.
How does Illinois decide whether theft is a misdemeanor or a felony?
Mainly the dollar value of what was taken. Under the general theft statute, $500 or less (not taken from a person) is typically a Class A misdemeanor, while anything above that — or theft taken directly from a person — becomes a felony. Certain circumstances, like a prior theft conviction or theft from a school or place of worship, can push even smaller amounts into felony territory.
Is retail theft (shoplifting) treated differently than other theft?
Yes. Retail theft has its own statute with a $300 threshold instead of the $500 used for general theft, and additional enhancements apply for things like using an emergency exit or a theft-detection shielding device.
Can a theft conviction be expunged from my record in Illinois?
It depends on the classification. Misdemeanor theft convictions, and cases resolved through dismissal, acquittal, or successful diversion, may be eligible for sealing or expungement. A felony theft conviction generally cannot be expunged or sealed except through a governor’s pardon — which is exactly why fighting to keep a charge at the misdemeanor level matters so much.
What happens if I’m accused of stealing from my employer?
These cases are charged under the same general theft statute as any other theft, but employers and prosecutors can aggregate multiple smaller incidents into a single, larger felony charge based on the total value over time. Defending these cases usually means closely examining the financial records and audit trail the accusation is built on.
Do I need a lawyer for a first-time shoplifting charge?
Yes, even though it may feel minor. A retail theft conviction — even a misdemeanor — creates a criminal record, and certain circumstances (a prior conviction, use of an emergency exit) can turn what looks like a small case into a felony. An attorney can often negotiate a reduction, diversion, or supervision that keeps the charge off your record entirely.
Can multiple smaller thefts be combined into one larger felony charge?
Yes. Illinois law allows separate takings within a defined period to be aggregated and prosecuted as a single charge, which is common in employee theft and check fraud cases. This is one of the more counterintuitive aspects of Illinois theft law and a frequent point of dispute in these cases.
Schedule Your Free Consultation
A drug charge moves fast, and the options that can protect your record — diversion programs, suppression motions, negotiated reductions — are easiest to secure early, before a plea is entered. The sooner an experienced defense attorney is involved, the more options stay on the table.
Call W. Scott Hanken at (217) 544-4057 or contact the office online to schedule a free, confidential consultation. The firm serves clients throughout Springfield, Sangamon County, and Central Illinois.
📍 1100 S 5th St, Springfield, IL 62703 ☎ (217) 544-4057 🌐 hankenlaw.com
This page is for general informational purposes only and does not constitute legal advice. Every case is unique — contact W. Scott Hanken directly for guidance on your specific situation.
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