Organized Theft Charged as a Felony in Illinois

 Posted on April 18, 2025 in Criminal Defense

Over the past few years, cities in Illinois – particularly Chicago – have seen an increase in "crash-and-grab" and "smash-and-grab" burglaries and thefts. A crash-and-grab occurs when people in a vehicle crash into a store to gain access and then grab as much money and merchandise as possible. Smash-and-grab crimes occur when people smash a window or door to gain access to the business, grabbing all the merchandise and money they can.

Recently, the Chicago police investigated a "crash-and-grab burglary at a South Loop Game Stop store. Police said the suspects crashed a Jeep SUV into the store and began stealing merchandise, fleeing in the Jeep, an Acura SUV, and a Dodge vehicle. If you have been charged with one of these smash-and-grab or crash-and-grab burglaries, the best thing you can do is to speak to a knowledgeable Joliet, IL criminal defense lawyer.   

Illinois Laws Changed in 2023 for Organized Robberies and Burglaries

Amid the rising number of organized robberies of large retail establishments by organized groups, the state of Illinois passed the INFORM Act in 2023. Although the highest-profile smash-and-grabs occurred on Chicago’s Michigan Avenue, other retail establishments have also been targeted.

The INFORM Act states that an individual who participates in an organized retail theft where the merchandise stolen is worth more than $300 will be charged with at least a Class 3 felony. An individual who targets multiple commercial establishments could face Class 2 felony charges.

How Are Smash/Crash-and-Grabs Charged?

A person who commits a smash-and-grab or crash-and-grab could be charged with burglary, theft, and criminal damage to property. The laws for Illinois burglary are found at 720 ILCS 5/19-1, which states that a person commits the offense of burglary when he or she knowingly and intentionally enters a building, freight container, railroad car, motor vehicle, aircraft, watercraft, or house trailer, intending to commit theft or another felony.   

Residential burglary applies to any closed structure like a home, townhome, or condo. Residential burglary is a Class 1 felony, while burglary is a Class 2 or 3 felony, depending on the circumstances and the value of the stolen items. A Class 3 felony is punishable by two to five years in prison, while a Class 2 burglary is punishable by three to seven years in prison. A Class 1 felony is punishable by four to 15 years in prison.

Illinois theft is also charged as a felony in most cases, depending on the value of the stolen items. The only exception is petty theft, which occurs when the merchandise stolen is worth less than $500. Petty theft is charged as a Class A misdemeanor with a potential sentence of up to 364 days in jail. Criminal damage to property when the value of the damage is more than $300 but less than $10,000 is a Class 4 felony, punishable by one to three years in prison.

As you can see, a smash-and-grab or crash-and-grab where several people are involved is likely to end up with the defendants facing multiple felony charges. It is extremely important that anyone facing multiple, serious charges like these have a skilled criminal defense lawyer who can look for holes in the prosecutor’s case, determining whether the search and seizure is legal or the defendant’s constitutional rights were violated. A comprehensive defense will be built that will give the jury reasonable doubt about the guilt of the defendant, or a plea deal will be negotiated that results in lesser charges or a reduced sentence.

Contact a Will County, IL Burglary Lawyer

Facing serious criminal charges can be daunting for anyone. A Joliet, IL burglary attorney from McNamara Phelan McSteen, LLC can be a strong advocate on your behalf, working hard to limit the long-term effects of these charges. Our firm is a mid-size, aggressive law firm with specific experience in different fields. The attorney with the appropriate experience will handle your charges. Call 815-727-0100 to schedule your free consultation.