A person may face prosecution for various offenses when they commit crimes involving property. Some of the most commonly charged property crimes in Pennsylvania include theft and robbery. But how do theft and robbery differ from one another under Pennsylvania law?
Pennsylvania’s Theft Laws
In Pennsylvania, a person commits theft when they unlawfully take or exercise unlawful control over someone else’s property with the intent to deprive them of it. Pennsylvania’s theft laws include various forms of theft, such as:
- Theft by unlawful taking or disposition
- Theft by deception
- Theft by extortion
- Theft of property lost, mislaid, or delivered by mistake
- Theft of services
- Theft by failure to make required disposition of funds
- Retail theft (shoplifting)
- Library theft
- Theft of a motor vehicle
- Unauthorized use of vehicles
- Theft of mail
- Financial exploitation of an older adult or care-dependent person
- Theft of trade secrets
- Theft of leased property
Pennsylvania grades theft offenses by the amount of money or the type of property involved in the offense. Theft in Pennsylvania may constitute a first-, second-, or third-degree felony, or a first-, second-, or third-degree misdemeanor.
Robbery in Pennsylvania
A person commits the offense of robbery in Pennsylvania when, in the course of committing a theft, they:
- Inflict injury on another person
- Inflict severe injury
- Threaten another person with or intentionally put them in fear of immediate injury
- Threaten or put another person in fear of immediate severe injury
- Commit or threaten to commit any first- or second-degree felony
- Physically take or remove property from another person by force, however slight
- Take or remove money from a financial institution without its permission by making a demand on an employee with the intent to deprive the institution of the money (bank robbery)
Pennsylvania law typically grades robbery as a first-degree felony. However, robbery by inflicting or threatening non-severe injury or bank robbery constitutes a second-degree felony, and taking property by force constitutes a third-degree felony.
Key Differences Between Theft and Robbery
Some of the primary differences between theft and robbery include:
- Use of Force – Theft does not require a perpetrator to use or threaten force against a victim, whereas robbery almost always involves the use or threat of force.
- Presence of the Victim(s) – Theft can occur outside of the presence of the property owner, whereas robbery almost always requires the presence of a property owner or another victim.
- Grading – Theft offenses involving less valuable property may constitute misdemeanor offenses. However, Pennsylvania law always grades robbery as a felony.
- Severity – Robbery convictions can lead to harsher penalties than some theft offenses, as robbery always constitutes a felony offense that can impose prison time and substantial fines.
Why the Distinction Matters
The distinction between theft and robbery matters, as the different legal elements of theft and robbery charges can lead to different available defenses. Theft charges can also expose defendants to less harsh penalties than a robbery offense, even if both offenses involved the same kind of property. The violent nature of a robbery conviction can also lead to different collateral consequences than a defendant might face from a theft conviction.
Prosecutors may amend a theft charge to a robbery charge when continued investigation by law enforcement uncovers evidence that the defendant used or threatened force to commit the offense.
Contact a Criminal Defense Lawyer Today
If you’ve been charged with a theft crime in Pennsylvania, you need dedicated legal counsel to defend your rights and interests. Contact Chieppor & Egner LLC today for a confidential consultation with a criminal defense attorney to discuss your legal options when you face prosecution for theft or robbery.
