Defending Against Theft Charges in Will County: Types, Penalties, and Strategies in 2025

 Posted on November 30, 2025 in Theft

Theft charges in Illinois range from minor shoplifting to major felony cases, but all carry the risk of a criminal record, jail time, and lasting collateral consequences like employment barriers or license suspension. As a Joliet criminal defense attorney with over 20 years of experience, including my time as a former Will County prosecutor, I've successfully defended hundreds of theft cases, often securing dismissals, reductions, or court supervision to keep clients' records clean. At the Law Office of Jack L. Zaremba, we handle every level of theft—from retail theft to felony burglary-related charges—in Will County courts. In this blog post, we'll break down the different types of theft, current penalties, common defenses, and how to protect your future in 2025. For related topics, see our guides on retail theft defense and second chance probation for drug cases .

Types of Theft Charges in Illinois

Illinois classifies theft under 720 ILCS 5/16-1 based on value and circumstances:

• Under $500 – Class A misdemeanor (up to 364 days jail, $2,500 fine)
• $500 – $10,000** – Class 3 felony (2-5 years prison)
• $10,000 – $100,000 – Class 2 felony (3-7 years)
• Over $100,000 – Class 1 felony (4-15 years)
• Retail Theft – Separate statute with enhanced penalties for repeat offenders (felony after second offense regardless of value)
• Theft from a Person, School, Place of Worship, or Government** – Automatic felony regardless of amount

In Will County, most cases start as retail theft or theft from vehicles, but quick escalation occurs with priors. For the full theft statute, refer to the Illinois Compiled Statutes – Theft .

Penalties and Collateral Consequences

Beyond jail and fines, convictions trigger:

• Permanent criminal record affecting background checks
• License suspension/revocation if a vehicle was used (625 ILCS 5/6-205)
• Restitution orders that can reach tens of thousands
• Loss of professional licenses, student aid, or housing eligibility

In 2025, Will County courts continue to offer court supervision for first-time misdemeanor theft, but felony cases rarely qualify without strong negotiation.

Effective Defense Strategies

The best theft defenses often attack the prosecution's proof of intent and knowledge:

• Lack of intent to permanently deprive (borrowing vs. stealing)
• Claim of right or honest belief the property was yours
• Challenging identification evidence or surveillance quality
• Illegal search/seizure (especially vehicle or phone searches)
• Diversion programs like court supervision or Second Chance Probation when applicable

In recent Joliet cases, we've won dismissals by showing consent, mistaken identity, or suppressing evidence from unlawful stops.

Why Hire an Experienced Theft Defense Attorney?

Theft cases move quickly, and early intervention can mean the difference between a felony conviction and a clean record. As a former prosecutor, I know exactly how the Will County State's Attorney evaluates these cases and how to negotiate the best outcome before charges escalate.

If you or a loved one is facing theft charges in Will County, contact the Law Office of Jack L. Zaremba today for a free consultation. Visit our contact page or call our Joliet office to protect your record and your future in 2025. Don't let one mistake define your life.