Can You Go to Jail for Shoplifting in Wisconsin?

 Posted on April 17, 2025 in Criminal Law

In Wisconsin, there is more to shoplifting, or retail theft, than just taking an item without paying. Several other actions constitute shoplifting and can have severe penalties. The regulations that apply to these charges can be complex. If you were recently arrested for and charged with retail theft, a Milwaukee area shoplifting defense attorney can offer insight into the legal process and provide experienced representation.

What Counts as Shoplifting?

According to the Wisconsin statute for retail theft, actions that intend to "deprive the merchant permanently of possession of the full purchase price of the merchandise or property" counts as shoplifting. The following actions are punishable by retail theft law:

• Altering the price or value of any item

• Taking an item held for resale without paying

• Transferring or concealing merchandise

• Retaining the possession of stolen merchandise

• Removing an anti-theft device from an item while in the store

• Using, or possessing with the intent to use, a device that will block the signal of theft detection devices

• Using, or possessing with the intent to use, a device that will remove anti-theft devices from merchandise

The law stresses the role of intent in shoplifting and includes "theft of services" in the definition of merchandise as well. If you were caught and accused of any of these actions, you will likely benefit from discussing your case with a knowledgeable criminal defense attorney.

What Are the Penalties for Shoplifting in Wisconsin?

The penalties for shoplifting convictions will vary based on the classification. The higher the value of the stolen goods or services, the more harsh the penalties will be. A misdemeanor conviction will carry a lighter sentence than a felony. 

Most shoplifting cases are Class A misdemeanors, which can result in several months in prison and thousands of dollars in fines. If there is proof that the intent was to work with another party to sell the merchandise, that would elevate the charge to a felony. When a shoplifting charge qualifies as a felony, it can result in several years in prison and steep fines. While assessing your case, a legal representative can tell you what potential penalties may apply.

Talk to a Waukesha, WI Retail Theft Defense Attorney Today

Building a robust defense based on a clear understanding of the regulations that govern shoplifting cases in Wisconsin is crucial when challenging your charges. At Bucher, Wolff & Sonderhouse, LLP, we are available 24/7 to answer questions and help you understand how the legal process applies to the details of your case. Call 262-232-6699 to schedule a free consultation with an experienced Brookfield, WI shoplifting defense lawyer today.