Retail Theft Charge in Wisconsin
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Madison, WI Retail Theft Attorneys
The Elevated Consequences of Retail Theft in Wisconsin
Retail theft—often referred to as shoplifting—may sound less severe than other theft crimes, but in Wisconsin, it can carry serious criminal penalties. Governed by Wis. Stat. § 943.50, retail theft is aggressively prosecuted, and the threshold for felony charges is much lower than for general theft.
Under Wisconsin law:
• General theft becomes a felony when the value exceeds $2,500.
• Retail theft becomes a felony at just $500 or more.
This difference means that a shoplifting offense involving items valued at $501 can result in felony charges and up to 3.5 years in prison. Understanding the nuances of this statute and the elements the State must prove is critical to building a strong defense.
What Constitutes Retail Theft in Wisconsin?
Shoplifting is not limited to walking out of a store with unpaid merchandise. Retail theft under Wis. Stat. § 943.50 includes:
• Taking and carrying away merchandise
• Concealing merchandise on or off the premises
• Altering or switching price tags
• Transferring merchandise to avoid payment
• Retaining merchandise with intent to not pay full price
If the intent is to permanently deprive the merchant of the item or its full value, and the merchant did not consent, the act qualifies as criminal retail theft.
Property Crime Attorneys in Southern Wisconsin
What the State Must Prove to Convict You of Retail Theft
To convict someone of retail theft in Wisconsin, the prosecution must prove six elements beyond a reasonable doubt:
1. The defendant intentionally did any of the following:
• Altered the indicated price
• Altered the value
• Took and carried away
• Transferred
• Concealed
• Retained possession of merchandise
2. The merchandise was held for resale by a merchant.
3. The defendant knew the item was for resale.
4. The merchant did not consent to the action.
5. The defendant knew the merchant didn’t consent.
6. The defendant intended to permanently deprive the merchant of the merchandise or its full price.
These elements align with Wisconsin Criminal Jury Instruction 1498, which is the pattern instruction used in retail theft jury trials.
Penalties for Retail Theft in Wisconsin
Misdemeanor Retail Theft – Class A Misdemeanor
If the value of the merchandise is $500 or less, the charge is a Class A misdemeanor:
• Up to 9 months in jail
• Fine up to $10,000
• Possible restitution to the merchant
Even low-value offenses can result in criminal charges—especially if the defendant has a prior record or if other aggravating circumstances exist.
Felony Retail Theft Charges
Retail theft becomes a felony under the following circumstances:
• Class I Felony: Merchandise value over $500 but under $5,000
• Class H Felony: Merchandise value over $5,000 but under $10,000
• Class G Felony: Merchandise value over $10,000
Felony retail theft can result in years of imprisonment, substantial fines, and long-lasting damage to your criminal record and employability.
Defending Against Retail Theft Charges in Wisconsin
At DK Anderson, S.C., we know how to challenge every element of a shoplifting charge. Our defense strategies include:
✔ Challenging Intent – Were you distracted or unaware of an item in your possession?
✔ Consent or Mistake – Did you believe the item was already purchased or free?
✔ Insufficient Evidence – Is the surveillance video inconclusive?
✔ Illegal Search or Detention – Were your rights violated by store personnel or law enforcement?
✔ Negotiation for Deferred Prosecution – For first-time offenders, we may negotiate for a diversion program to avoid a conviction.
We understand how a retail theft conviction can impact your future and fight aggressively to prevent that outcome.
Experienced Retail Theft Defense Attorneys in Madison, WI
Whether you’re facing a misdemeanor or felony retail theft charge, don’t make the mistake of underestimating the consequences. At DK Anderson, S.C., we provide aggressive and strategic defense against shoplifting charges in Madison and surrounding counties, including Dane, Rock, Columbia, Green, and Sauk.
📞 Call Today: (608) 204-5807
Frequently Asked Questions - Retail Theft Charges in Wisconsin
Not necessarily. If the value of the merchandise is very low, it may be treated as a civil forfeiture. However, any amount can be charged criminally, especially with aggravating circumstances.
Yes. Wisconsin law allows prosecutors to aggregate the total value of stolen merchandise across a single transaction or series of events to reach the felony threshold.
Yes. Retail theft is considered a crime of dishonesty, and a conviction can impact background checks and professional licensing.
Yes, but only if they have probable cause to believe a theft occurred. If they act outside their legal authority, any evidence they obtain may be suppressed.
Possibly. First-time offenders may be eligible for deferred prosecution, civil compromise, or other resolutions that avoid a permanent conviction. An attorney can help pursue these options.
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