The penalties for theft in Pennsylvania vary based on the grading and severity of the crime. More severe theft charges are felonies and can carry significant prison time and fines. In contrast, minor theft charges are misdemeanors or summary offenses with minimal fines and no prison time, depending on the circumstances. A criminal defense attorney can assess your theft charges and create a robust defense that seeks to minimize the severity of the consequences you face.
Pennsylvania Theft Definition
According to 18 PA C.S. Sec. 3921, a person is guilty of theft when they unlawfully take control or possession of another’s property without their consent with the intent to deprive them of that property. Theft through deception, extortion, or accepting stolen property also counts as theft.
Theft is legally distinct from robbery and burglary under Pennsylvania law. Robbery is a type of theft that involves physical force or the threat of force (18 Pa. C.S. Sec. 3701(a)). Burglary is a separate crime that involves entering another’s premises without permission while intending to commit a crime (18 Pa. C.S. Sec. 3502(a)).
Penalties for Theft in Pennsylvania
The penalties for theft typically depend on the total value of the stolen property. The grading and maximum penalties for theft charges in Pennsylvania are:
- First-degree felony – $500,000 or more – 20 years in prison and a $25,000 fine
- Second-degree felony – $100,000 to $499,999 – Ten years in prison and a $25,000 fine
- Third-degree felony – $2,000 to $99,999 – Seven years in prison and a $15,000 fine
- First-degree misdemeanor – $200 to $1,999 – Five years in prison and a $10,000 fine
- Second-degree misdemeanor – $50 to $199 – Two years in prison and a $5,000 fine
- Third-degree misdemeanor – Less than $50 – One year in prison and a $2,000 fine (18 Pa. C.S. Sec. 3903)
Theft of a firearm and theft of an automobile, motorcycle, or other motor-powered vehicle are always second and third-degree felonies, respectively.
Penalties for Retail Theft in Pennsylvania
Pennsylvania treats retail theft, or shoplifting, differently than other types of thefts. Shoplifting consists of stealing or doing anything to intentionally deprive a merchant of the full retail value of their goods and carries the following grading and maximum penalties:
- Summary offense – First offense and less than $150 – Up to 90 days imprisonment and
- Second-degree misdemeanor – Second offense and less than $150 – Two years in prison and a $5,000 fine
- First-degree misdemeanor – $150 to $999 – Five years in prison and a $10,000 fine
- Third-degree felony – Third offense or $1,000 or more – Seven years in prison and a $15,000 fine (18 Pa. C.S. Sec. 3929, 18 Pa. C.S. Sec 106, 18 Pa. C.S. Sec 1101)
Criminal Defense Attorney Serving Lancaster and Surrounding Areas
Are you facing the frightening prospect of criminal charges for retail theft in the Lancaster area? Please know that you do not have to go it alone. Our attorneys at Chieppor & Egner, LLC, stand ready to protect your rights and help you during this challenging time. Contact us online or call today at 717-912-8369 for a free case consultation.
