Shoplifting in Wisconsin can be a far more serious charge than you think. You could end up with a permanent criminal record and the possibility of a jail sentence. You may not even know at the time that you are arrested whether you will be charged with a felony or a misdemeanor. The only thing that is certain is that you need the help of a criminal defense attorney, no matter the severity of the charge that you are facing. A criminal defense attorney from Hogan Eickhoff can help you navigate the legal system and work to obtain the best possible result for you.
Potential Penalties for Shoplifting in Wisconsin
Shoplifting is charged as theft in Wisconsin. The severity of the charges that you would face depends on the value of the property that was alleged to have been taken. There may even be a chance that you could find yourself facing felony charges when the value of the property exceeds a certain amount. You do not need to have any specific intent to commit a felony per se. All you need to do is have the intent to take the property, and the penalties are determined by the value of the property at issue.
Shoplifting is charged as follows in Wisconsin:
- If the value of the property is under $500, you would be charged with a Class A misdemeanor, which is punishable with a fine of up to $10,000 and up to nine months in prison.
- If the value of the property is between $500 and $5,000, you would be charged with a Class I felony, which is punishable by up to 3 ½ years in prison and a fine of up to $10,000.
- If the value of the property is between $5,000 and $10,000, you would be charged with a Class H felony, which can be punished with up to six years in prison and a $10,000 fine.
In addition to possible jail time and a fine, you could end up with a criminal record, which you may not be able to expunge. You could have difficulty getting certain jobs. If you are here as an immigrant, whether documented or not, you risk being removed from the country.
Do Not Try to Talk Your Way Out of Trouble
What you say to the store security personnel can be used against you in a criminal case. These personnel do not have the same legal status as police officers, so they may act as if you have no legal rights. They will report whatever you say to them to the police, and they will certainly testify against you if you choose to fight the charges all the way to a trial.
You may be tempted to try to clear your name and talk yourself out of trouble with the store security. This strategy is not going to be effective. You may end up saying something that could be used later in time to compromise your own legal defense. Even if you think that the accusations are the result of a misunderstanding, there is little that you can see to clear your own name when the allegations have first been made. You should not try to speak for yourself because you could do more harm than help to your defense.
Contact an Experienced Criminal Defense Attorney
It is better to let a criminal defense attorney do all of the talking for you. If the allegations are the result of a misunderstanding, it will be more effective if you have a lawyer explain your side of the story. What you have to say may be given more weight if the lawyer is relaying your own version of events. Your lawyer can communicate and speak on your behalf during the early stages of your case before charges are even filed.
If you have been charged with theft, your criminal defense attorney can help you assess your options at an early stage of your case. They can also help you determine how you would proceed with your case, whether it is attempting to negotiate a plea deal with the prosecutor or fighting the charges against you in court. You may have legal options from early intervention that could even allow you to escape probation or jail time for the offense.
Learn Whether You Have Any Defenses to Shoplifting Charges
If a prosecutor is trying to convict you for retail theft charges, they would need to prove each and every single element of the alleged crime. You may be able to contest the charges if you believe that the prosecutor does not have the necessary evidence to win a conviction. When you work with a criminal defense attorney, they could review your case and determine whether you have any potential defenses to the charges against you that could include:
- You did not intend to actually take the goods that you were alleged to have stolen
- You were a victim of mistaken identity because store security meant to accuse someone else of shoplifting
- You intended to pay for the merchandise
- You never actually left the store with the merchandise
- You were the victim of an unreasonable search and seizure by store security
You do not have to plead guilty to shoplifting charges just to make them go away when there is no evidence to convict you of a crime. Even if these charges seem “routine” for the prosecutor, they are anything but for you. Being convicted of shoplifting would have a dramatic impact on your life, and you need to take time to think through your options before you make any decisions that could change your future.
Contact an Appleton Criminal Defense Attorney
If you have been charged with theft, schedule a free initial consultation with the criminal defense lawyers at Hogan Eickhoff. You can speak with a lawyer by contacting us online or by calling us today at (920) 450-9800. You should not delay making this call.