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Law Enforcement Can Aggregate Certain Theft Charges Into a Larger Offense

Admin • December 18, 2023
Man Committing Theft — Eau Claire, WI — Cohen Law Offices

In State v. Lopez, the Wisconsin Supreme Court affirmed the circuit court’s ruling that allowed the state to charge the theft of seven different items as one count of theft that was of a higher severity level than if they were each charged individually. 


Here, two defendants hatched a scheme where one, who was working at a self-checkout in Wal-Mart, allowed the other to leave the store without paying for merchandise. The Wal-Mart clerk pretended to scan the merchandise but really did not. The total value of the items was roughly $1,400. Each item individually was worth less than $500.

Theft of Many Smaller Things in a Single Scheme Can Be Charged as a Felony

Wisconsin law for theft allows the state to aggregate certain theft offenses as one, provided that certain circumstances are met. Theft of items worth more than $500 carries a heavier penalty because it is a higher offense. The defendant argued that Wisconsin law was limited in the circumstances that allowed for the aggregation of offenses.


Here, the Court engaged in statutory interpretation that looked at the actual language of the statute. The Court also analyzed other theft-related statutes that limited when crimes could be aggregated. It found that this specific statute did not include any limiting language, while other statutes did. In other words, if the drafters of the statute wanted to include language that would have cut back on law enforcement’s ability to aggregate the offenses, it would have. 


Ultimately, the Court held that the defendants engaged in a single act of theft that was pursuant to one intent and a single scheme. Thus, there was one continuous act of theft that began during the first act and continued through all seven instances. Accordingly, the defendants could be charged with a felony and not a misdemeanor. 

Retail Theft Is Considered Theft Under Wisconsin Law

Then, the defendant tried to argue that retail theft was not actually theft under Wisconsin law based on the plain language of the statute. The Court analyzed the entire statute, including the titles, to find that retail theft was included in the statute. 


State v. Lopez teaches the lesson that the law gives prosecutors an immense amount of discretion in charging crimes. They clearly have the capability to charge you with a felony when the law allows it. Then, the case also stands for the fact that every word in a statute matters. There could be an opening to challenge criminal charges when the statute was ambiguous, although it was not here. 

Contact an Eau Claire Criminal Defense Lawyer

If you are facing theft charges, the attorneys at Cohen Law Offices can help. We can search for any possible defense to the criminal charges to use in court. Alternatively, we can negotiate a plea bargain with the prosecutor that can spare you from some of the worst charges. Call us today at 715-382-9447 or send us a message online to discuss your case with an attorney. We offer free consultations. 

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