THEFT DEFENSE LAWYERS
Serving Erie, Edinboro, Crawford and rest of Northwestern PA
Facing Theft Charges in Pennsylvania?
A theft charge can involve much more than simply taking someone's property. Pennsylvania law recognizes several different forms of theft, including theft by unlawful taking, theft by deception, receiving stolen property, retail theft and other property-related offenses.
The circumstances of the alleged offense, the value and type of property involved, the evidence available to the Commonwealth, and your prior record can all affect the charges and potential consequences.
The Travis Law Firm represents individuals facing theft charges in Erie and throughout Northwestern Pennsylvania. Our attorneys can review the allegations, the evidence and the circumstances surrounding the investigation to determine how the charges should be addressed.
What Is Theft in Pennsylvania?
Under Pennsylvania law, theft by unlawful taking generally involves unlawfully taking or exercising unlawful control over another person's movable property with the intent to deprive the owner of it.
The prosecution may also pursue a theft charge under other circumstances. Pennsylvania's theft statutes cover several different types of conduct, and the specific charge matters because each offense has different legal elements.
A theft allegation does not necessarily establish criminal intent. The circumstances surrounding the property, ownership, possession, consent and the accused person's intent may all become important issues in a criminal case.
Common Theft Charges in Pennsylvania
Theft by Unlawful Taking
Theft by unlawful taking is one of the most common theft charges in Pennsylvania. It generally involves allegations that a person unlawfully took or exercised control over another person's property with the intent to deprive the owner of it.
The value and type of property involved can affect the grading of the offense and the potential penalties.
Theft by Deception
Theft by deception involves obtaining or withholding another person's property through deceptive conduct.
Depending on the circumstances, allegations may involve creating or reinforcing a false impression, preventing another person from receiving information relevant to a transaction, or failing to correct a false impression in circumstances covered by Pennsylvania law.
Receiving Stolen Property
A person may be charged with receiving stolen property when the Commonwealth alleges that the person intentionally received, retained or disposed of property belonging to another while knowing or believing that the property was stolen.
These cases can involve questions about how the property was obtained, what the accused knew about the property, and what evidence supports the allegation that the person knew or believed it was stolen.
Retail Theft
Retail theft, commonly referred to as shoplifting, involves allegations that merchandise was taken or otherwise handled with the intent to deprive a retailer of the merchandise or its full retail value without paying for it.
Pennsylvania's retail theft statute also addresses conduct such as changing price labels, transferring merchandise between containers, under-ringing merchandise or disabling certain security devices.
The grading of a retail theft charge can depend on the value of the merchandise and whether the accused has prior retail theft offenses.
Theft of Lost or Mislaid Property
Pennsylvania law also addresses property that has been lost, mislaid or delivered by mistake.
A person may face a theft charge when the circumstances meet the requirements of the statute, including circumstances involving the person's knowledge of the property's identity or circumstances and the intent to deprive the owner of it.
Theft of Services
Theft can also involve obtaining services without paying for them when the circumstances meet the requirements of Pennsylvania law.
Depending on the circumstances, these cases can involve allegations concerning payment, diversion of services or other conduct addressed by the theft statutes.
How Are Theft Charges Graded in Pennsylvania?
The potential classification of a theft offense depends on the circumstances of the alleged offense. For many theft offenses, the value of the property is an important factor, but it is not the only consideration.
Under Pennsylvania's general theft grading statute, theft involving $500,000 or more can constitute a first-degree felony. Theft involving $100,000 or more but less than $500,000 can constitute a second-degree felony.
Generally, theft involving an amount exceeding $2,000 constitutes a third-degree felony, subject to exceptions and additional circumstances identified by the statute. Theft can also be graded as a misdemeanor depending on the amount involved and the circumstances of the offense.
Certain property can also affect the grading. For example, theft involving a firearm can constitute a second-degree felony, while theft involving certain motor vehicles can constitute a third-degree felony regardless of the property's value.
Retail theft has its own grading rules. A first retail theft involving merchandise valued at less than $150 is generally a summary offense, while subsequent offenses and higher-value merchandise can result in misdemeanor or felony charges. A third or subsequent retail theft offense can constitute a third-degree felony regardless of value.
Because grading depends on the specific circumstances, it is important to look beyond the dollar amount when evaluating a theft charge.
What Does the Commonwealth Have to Prove?
A theft prosecution generally requires the Commonwealth to establish the elements of the particular theft offense beyond a reasonable doubt.
For theft by unlawful taking, for example, the prosecution must establish that the accused unlawfully took or exercised unlawful control over movable property belonging to another and did so with the required intent to deprive the owner of the property.
The evidence in a theft case may include witness statements, surveillance footage, electronic records, financial records, communications, physical evidence or evidence concerning possession of the allegedly stolen property.
The circumstances surrounding the alleged theft can therefore be just as important as the property itself.
Defending Against Theft Charges
A theft defense begins with understanding exactly what the Commonwealth alleges happened and what evidence supports those allegations.
Depending on the facts of the case, potential issues may include:
- Whether the property actually belonged to someone else
- Whether the accused had permission or consent to possess or use the property
- Whether the accused intended to deprive the owner of the property
- Whether the accused knew property was allegedly stolen
- Whether the alleged value of the property is accurate
- Whether witnesses or other evidence are reliable
- Whether the investigation or search that produced evidence was lawful
- Whether the conduct supports the specific theft charge filed by the Commonwealth
In some cases, the circumstances may support challenging the charges. In others, the focus may be on negotiating an appropriate resolution based on the facts, the applicable law and the accused person's circumstances.
The appropriate strategy depends on the individual case.
Theft Charges Can Have Lasting Consequences
The consequences of a theft conviction can extend beyond the immediate sentence.
Depending on the offense and the circumstances, a conviction can affect employment opportunities, professional licensing, education, finances and other aspects of your future. The potential consequences become more significant when a theft allegation results in a felony conviction.
The grading of the offense, your prior criminal record and the circumstances of the alleged conduct can all affect the potential outcome.
If you are facing a theft investigation or criminal charge, getting legal advice early can help you understand what you are facing and what options may be available.
Theft Defense in Erie, PA
The Travis Law Firm represents clients facing theft and other criminal charges in Erie, Edinboro, Crawford County, Warren County and throughout Northwestern Pennsylvania.
Our attorneys can examine the allegations, review the available evidence and explain the potential consequences of the charges against you.
If you have been charged with theft, retail theft, receiving stolen property or another theft-related offense, contact The Travis Law Firm to discuss your case.
Frequently Asked Questions About Theft Charges
Contact Our Theft Defense Lawyers
If you have been charged with theft, contact a defense attorney at The Travis Law Firm today for a confidential, no obligation, free consultation about your case.
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Penalties for Theft Offenses in Erie
Theft offenses in Erie are serious crimes. Pennsylvania laws define theft as taking or exercising control over movable property belonging…
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