Burglary or Glorified Retail Theft?

Under Illinois law generally if you steal from someone and the value is less than $300.00, it is “theft,” a Class A Misdemeanor. If you steal from a retail mercantile establishment it is also “retail theft” and still a class A Misdemeanor, assuming the “full retail value is less than $150.00, regardless of what the actual cost is or whether the items were made by child labor in a Central American sweat shop. However, prosecutors have been using the definition of burglary to enhance retail theft of even low cost items to felonies. Burglary is generally entering the building, trailer, boat, plane or car of another to commit a felony or a theft. Stealing a $1.00 candy bar can send one to prison for seven years. The crucial determination is then when a person decided to se steal. If the idea comes to a thief in the store, it is a misdemeanor, however, if the plan is made before stepping foot in the entrance, that is a Class felony, even if for a small amount. Prosecutors are realizing this, but the public has not yet. Judge’s have realized this too and often go light on burglaries that at glorified retail thefts. “Thou shall not steal,” but if you disregard that piece of our legal advice, know what you are getting yourself into.