What is Retail Theft and How Is It Punished in Wisconsin?

 Posted on April 19, 2024 in Criminal Defense

If you leave a store with merchandise and forget to pay, you are not guilty of retail theft. This is because, under Wisconsin law, there must be intent to steal for it to be considered retail theft.

However, the retailer does not know your intentions. Although it does sometimes happen that people forget to pay for an item, a store owner may not believe you when you say “I forgot to pay.” Under the law, a merchant is allowed to detain you at the store until the police arrive if he or she believes you tried to commit retail theft. 

This is why, if you are accused of retail theft, it is important to contact a criminal defense attorney as soon as possible to start building your defense.

What is Considered Retail Theft?

The most common form of retail theft is removing merchandise from a store without the consent of the owner and with intent to steal. This is called shoplifting. However, there are other forms of retail theft as well, such as:

• Switching or altering price tags on merchandise

• Removing a theft detection device

• Carrying a device that can block theft detection devices with the intent to use it in the store

• Carrying a device that can remove theft detection devices with the intent to use it in the store

• Failing or refusing to pay for a service you have received

If you are caught doing any of these things and the merchant has “reasonable” cause to believe you intended to steal, he or she can keep you in the store until the police arrive. If you are detained by the merchant, it must be in what Wisconsin law calls “a reasonable manner” and for “a reasonable length of time.” The merchant must allow you to make phone calls while you are being detained, so make sure the first one is to your lawyer.

What Are the Penalties for Retail Theft?

The penalties for retail theft depend on the price of the item in question. 

• If the merchandise is under $500, it is a Class A misdemeanor and punishable by up to $10,000 and/or nine months in prison.

• If the item is between $500 and $5,000, it is a Class I felony and punishable by up to $10,000 and/or three-and-a-half years in prison.

• If the item is between $5,000 and $10,000, it is a Class H felony and punishable by up to $10,000 and/or six years in prison.

• If the item is over $10,000, it is a Class G felony and punishable by up to $25,000 and/or 10 years in prison.

Contact a Waukesha County, Wisconsin Criminal Defense Lawyer

Retail theft carries heavy penalties. If you are accused of retail theft, you should retain an experienced New Berlin, Wisconsin criminal defense attorney. The lawyers at Bucher, Wolff & Sonderhouse, LLP include a former police officer and detective who have extensive experience in retail theft matters. They are available 24/7 and will aggressively fight for the best possible outcome. Call 262-232-6699 for a free consultation today.