Retail Theft
Defense for shoplifting, store security allegations, receipt issues, self-checkout cases, and mistaken scanning claims.
Wisconsin Theft Defense Attorney
Madison Theft Lawyer and Larceny Defense Attorney
Avena Law Office, LLC defends theft, shoplifting, retail theft, larceny, embezzlement, burglary-related allegations, and property crime cases throughout Madison and South-Central Wisconsin.
Theft & Property Crime DefenseDefense for misdemeanor and felony theft allegations.
Restitution & Value DisputesValuation can affect whether a case is misdemeanor or felony level.
Record ProtectionFocused on employment, housing, licensing, and future background checks.
Theft Charges in Wisconsin
Defense for Theft, Larceny, and Property Crime Allegations
A theft charge can come from shoplifting, workplace allegations, disputed property, a misunderstanding, an accusation involving a vehicle, or a claim that property was taken without consent.
Under Wisconsin Statute 943.20, prosecutors must prove intent, lack of consent, and other elements depending on the type of theft alleged. Attorney Glenn E. Avena reviews evidence, value, intent, surveillance, witness statements, and restitution issues.
Cases Handled
Theft Defense for Misdemeanor and Felony Cases
Larceny and Property Theft
Representation for allegations involving taking, carrying, or using property without consent.
Embezzlement
Defense for workplace theft, employee allegations, accounting disputes, and alleged misuse of entrusted property.
Burglary-Related Theft
Defense when theft allegations are connected to entry, trespass, burglary, or property damage claims.
Felony Theft
Strategic defense where the alleged value or circumstances create felony exposure.
Restitution Disputes
Review of claimed losses, replacement values, insurance issues, and whether restitution is legally supported.
Possible Defenses
Theft Cases Often Turn on Intent and Proof
Potential defenses include lack of intent, mistake, consent, claim of right, mistaken identity, insufficient evidence, unreliable surveillance, value disputes, or failure to prove the property was taken as alleged.
Serving Wisconsin Communities
Madison Theft Lawyer Serving South-Central Wisconsin
Avena Law Office represents clients in Madison, Dane County, and surrounding South-Central Wisconsin counties, including Columbia, Dodge, Fond du Lac, Grant, Green, Green Lake, Iowa, Jefferson, Lafayette, Marquette, Richland, Rock, and Sauk counties.
Free Consultation
Talk to a Madison Theft Defense Lawyer Today
If you have been accused of theft or larceny in Wisconsin, contact Avena Law Office for a confidential defense consultation.
This website is attorney advertising. Past results do not guarantee future outcomes. Contacting the firm does not create an attorney-client relationship.
Local Defense, Local Courts
Your case is heard here, by people who work here
Avena Law Office, LLC practices out of one Madison office and appears in the courthouses of Dane, Columbia, and the surrounding South-Central Wisconsin counties. Knowing the courtroom, the prosecutors, and how a county actually handles a charge is not a detail. It changes what can be negotiated.
Common Questions
Common Questions About Theft and Retail Theft Charges in Wisconsin
Is shoplifting a felony in Wisconsin?
Usually it is charged as a misdemeanor, but it can be a felony. Wisconsin sorts theft and retail theft largely by the value of the property involved, so the same conduct can be a misdemeanor at one value and a felony above a higher dollar threshold. Prior convictions, the type of property, and how the incident is alleged to have happened can also raise the level, which is why the claimed value is often disputed.
What does the State have to prove in a Wisconsin theft case?
Under Wisconsin Statute 943.20, the prosecutor must prove far more than that property went missing. Depending on the type of theft alleged, the State generally has to prove that you intentionally took, carried away, or used property belonging to someone else, that you did so without the owner's consent, and that you intended to permanently deprive the owner of it. Intent and consent are where these cases are frequently won or lost.
A store sent me a letter demanding money after a retail theft accusation. Do I have to pay it?
That is typically a civil demand letter from the store or its collection firm, and it is separate from the criminal case in court. Paying it does not dismiss a criminal charge, and it is not a settlement of the case. Anything you write back can also be used against you, because it is a statement about the incident. Talk to a defense lawyer before responding to or paying any demand letter.
Will a theft conviction show up on a background check in Wisconsin?
Yes. Wisconsin criminal cases are publicly searchable, and a theft conviction is treated as a crime of dishonesty, which employers, landlords, and licensing boards tend to weigh heavily. Even a misdemeanor can affect jobs involving money, inventory, keys, or client trust, and it can surface for years. That is why how a theft case is resolved often matters as much as whether jail is on the table.
If I give the property back, will the theft charge go away?
Returning property or paying a store back does not by itself end a criminal case. Once a charge is filed, only the prosecutor or the court can resolve it, and no lawyer can promise a particular outcome. Restitution, the value claimed, and your record can all affect how a case is negotiated and what a judge does, but talk to counsel before contacting the alleged victim yourself.
I was accused of stealing at work in Madison. Should I talk to HR or the company investigator?
Be careful. An internal workplace investigation is not confidential, and what you tell HR, a manager, or a loss prevention investigator can be handed to police and used in a criminal case. You are generally not required to provide a written statement to a private employer. Ask what is actually being required of you and speak with a defense lawyer first. Avena Law Office offers a free consultation at 608.271.2271.
Free Consultation
Talk to Attorney Glenn E. Avena Today
Tell the firm what happened. You will get a straight answer about where the case stands and what can be done next, at no cost and in confidence.
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The first conversation is free, and it is confidential.
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Glenn E. Avena reviews the facts himself, not an intake screener.
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