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Beating Theft Charges in Pennsylvania

Pennsylvania has several different “theft” crimes that you can be charged with. Title 18 of the Pennsylvania statutory code defines these offenses. In general, theft refers to taking property that does not belong to you. This can include money, personal property and real estate. Extortion, shoplifting (referred to as retail theft), receiving stolen property and passing bad checks are all also considered forms of theft.

The severity of a theft charge can vary based on what was stolen and how much it is worth. Theft charges can lead to fines, jail time and a permanent criminal record. If you’ve been charged with theft in Pennsylvania, it’s vital to speak with an experienced criminal defense attorney right away. Call the attorneys at Cornerstone Law Firm for a free criminal defense consultation.

Terms to Know

As a general rule, the following terms have defined meanings in the law. However, each individual statute may carry its own definitions.

Theft refers to the taking of property. This may include stealing from individuals, businesses, or other organizations.

Larceny is a type of theft that occurs when one individual steals another individual’s personal property. This may include wallets, purses, cars, or other items.

Robbery refers to stealing from an individual by force or threat of force.

Burglary refers to an individual breaking and entering a building, car, or other type of structure. Stealing does not have to occur for a burglary to be charged.

Moveable property refers to property that can change locations. Examples include things growing on, affixed to, or found in land. It also refers to personal property, captured or domestic animals, and food and drink.

Immovable property refers to all other property. Examples include houses, land, trees attached to the ground, and decorative statues affixed to the property.

Types of Theft in Pennsylvania

Pennsylvania law defines several different types of theft. These include the following offenses.

  • Theft by unlawful taking or disposition — § 3921
  • Theft by deception — § 3922
  • Financial exploitation of an older adult or care-dependent person — § 3922.1
  • Theft by extortion — § 3923
  • Theft of property lost, mislaid, or delivered by mistake — § 3924
  • Receiving stolen property — § 3925
  • Theft of services — § 3926
  • Theft by failure to make required disposition of funds received — § 3927
  • Unauthorized use of automobiles and other vehicles — § 3928
  • Retail theft (shoplifting) — § 3929
  • Library theft — § 3929.1
  • Unlawful possession of retail or library theft instruments — § 3929.2
  • Organized retail theft — § 3929.3
  • Theft of trade secrets — § 3930
  • Theft of unpublished dramas and musical compositions — § 3931
  • Theft of leased property — § 3932
  • Theft from a motor vehicle — § 3934
  • Theft of secondary metal — § 3935.1
  • Theft of mail — § 3936
  • Bad checks — § 4105

Degrees of Offense

Theft is generally charged as either a misdemeanor or a felony. The degree of the charge will depend on the type and amount of property involved.

  • Third Degree Misdemeanor (M3)—This is the least severe misdemeanor charge. Thefts of property valued under $50 are often charged as M3s. This is punishable by up to 1 year of jail time and a fine of up to $2,500.
  • Second Degree Misdemeanor (M2)— M2s are often charged when the stolen property is between $50 and $199. It is punishable by up to 2 years of jail time and a fine of up to $5,000.
  • First Degree Misdemeanor (M1)—This is the most severe misdemeanor charge. If the stolen property is valued between $200 and $1,999, an M1 will likely be charged. Punishments for M1s can be up to 5 years of jail time and up to $10,000 in fines.
  • Third Degree Felony (F3)—Any theft involving a motor vehicle (automobiles, motorcycles, boats, airplanes, etc.) is automatically charged as a felony. Other theft charges that can receive an F3 are thefts of property valued between $2,000 and $99,999. F3s can result in up to 7 years of jail time and fines up to $15,000.
  • Second Degree Felony (F2)—Second degree felonies are automatically charged for thefts involving firearms or thefts committed during natural disasters. They’re also charged for thefts of property valued between $100,000 and $499,999. F2s are punishable by up to 10 years of jail time and up to $25,000 in fines.
  • First Degree Felony (F1)—If the property is valued at $500,000 or more, a first degree felony will be charged. This is the most severe type of felony charge and is punishable by up to 20 years in prison and up to $25,000 in fines.

Theft and ARD

Accelerated Rehabilitative Disposition, often called ARD, is a program Pennsylvania offers to first-time, non-violent offenders. Depending on your charges and the details of your case, ARD may be helpful. By participating in ARD, you will be sentenced to an alternative punishment and can receive a record expungement at the end of the process. You may still be required to pay fines.

ARD is not for everyone. It is a one-time offer and, depending on the details of your case, it may or may not help in the long run. The criminal defense attorneys at Cornerstone Law Firm can help you determine whether or not ARD would be a good solution for your case. Call us today to discuss your situation.

FAQs

Q: Can shoplifting lead to jail time?

A: Yes. While some people may wrongly believe that retail theft is not as serious as other forms of theft, it can come with strict penalties. A first-time shoplifting offense of less $150 of merchandise can lead to a maximum of 90 days in jail. Additional offenses can lead to longer amounts of jail time.

Q: Can a theft charge impact my right to possess a firearm?

A: Yes. Under federal law 18 U.S.C. § 922(g), any person “convicted in any court of a crime punishable by imprisonment for a term exceeding one year” is prohibited from possessing a firearm.

Contact Cornerstone Law Firm for help.

If you’ve been charged with theft, the attorneys at Cornerstone Law Firm can help. We will explain your rights and work on your behalf to have your charges lowered or dropped. Call us today to schedule a free criminal defense consultation.

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