5 Things to Know About Pennsylvania Theft Charges

Whether embezzlement or shoplifting, being accused of theft will leave you wondering what to expect. After all, theft laws are complex in Pennsylvania —the statutes might not clarify your situation, especially if you’re unfamiliar with the legal system.

That’s why the Pittsburgh theft defense attorneys at Worgul, Sarna, & Ness, Criminal Defense Lawyers, LLC created this guide on theft charges. Continue reading to understand more about the relevant theft laws in PA and which penalties could apply to your case.

Theft in Pennsylvania

Larceny, or theft, is one of Pennsylvania’s most prominent criminal offenses. Nearly 30,000 arrests for motor vehicle and property theft occurred in 2022.

The Commonwealth lists various types of theft charges, including:

• Theft by Unlawful Taking
• Retail Theft
• Burglary
• Theft by Deception
• Passing Bad Checks
• Forgery
• Receiving Stolen Property
• Intellectual Property Theft

Each of these has its own definitions and penalties—and requires a unique defense strategy. Even seemingly minor details can greatly impact a case’s outcome, so it’s important to have a theft lawyer who understands the nuances of Pennsylvania theft laws and provides you with personalized guidance.

What to Know About Theft Charges in PA

Pennsylvania theft laws can be convoluted. A lot depends on the details, such as how much was taken, what was taken, who it was from, and other specifics. So, approaching your case will immensely benefit from the knowledge and experience of a defense attorney.

Here are five things to know about theft charges:

1. The Amount of Money Matters

The penalties for theft largely depend on the value of the property in question. In most cases, larceny or simple theft will be punished as follows:

• The value is less than $50: Third-degree misdemeanor, punishable by up to one year in prison and a maximum fine of $2,500.
• The property’s value is between $50 and $199: Second-degree misdemeanor, punishable by up to 2 years in jail and a maximum fine of $5,000.
• The value is between $200 and $1,999: First-degree misdemeanor, punishable by up to 5 years in jail and a maximum fine of $10,000.
• The property’s value is between $2,000 and $99,999: Third-degree felony, punishable by up to 7 years in prison and a maximum fine of $15,000.
• The value is between $100,000 and $499,999: Second-degree felony, punishable by up to 10 years in prison and a maximum fine of $25,000.
• The property’s value is $500,000 or more: First-degree felony, punishable by up to 20 years in prison and a maximum fine of $25,000.

2. Firearm or Auto Theft is an Automatic Felony

In Pennsylvania, theft of a firearm or motor vehicle is automatically a felony, regardless of the property value. Committing larceny during a natural disaster is also a felony offense.

3. Even Petty Shoplifting Can Lead to Jail Time

It’s a common misconception that shoplifting is a minor offense with few consequences. Retail theft carries strict punishments in Pennsylvania – even when the merchandise value is under $150.

A first shoplifting conviction where the value is less than $150 is a summary offense, punishable by up to 90 days in jail. While you’ll unlikely have to serve time, this law reflects how seriously retail theft charges are taken. If convicted of shoplifting a second time and the merchandise is under $150, you face up to two years in prison.

4. Restitution May Be Required

In addition to hefty fines, the judge may order you to pay restitution to the victim. This means you must compensate the owner for losing their stolen property by paying them or replacing the item in its original condition if possible. Restitution laws are outlined in Title 18 § 1106 of the Pennsylvania Code.

5. You Might Be Eligible for ARD

First-time offenders may be able to dismiss their theft charge by completing an Accelerated Rehabilitative Disposition (ARD) program. ARD programs are available only in specific, non-violent cases. It could be an option for your larceny case if:

• This is your first offense within 10 years
• Your actions did not seriously hurt or injure anyone else
• You have not participated in the ARD program before
• You do not have pending charges for domestic violence, assault, or a weapons crime

ARD is usually not granted in felony cases. Low-level misdemeanor offenses, such as retail theft under $150 or passing a bad check, could be eligible for ARD. It is important to consult an attorney so they can evaluate your case and determine if ARD is a good option for you.

Contact an Experienced Theft Attorney in Pittsburgh for Help

Facing a larceny conviction can be scary, but there are options to defend against harsh penalties. With the help of a knowledgeable Pittsburgh theft lawyer, you can fully understand your charges and strategically fight these allegations. Worgul, Sarna, & Ness, Criminal Defense Attorneys, LLC, has helped countless clients facing theft charges achieve a desirable outcome, and we’re here to help you, too.

Contact our Pittsburgh theft defense lawyers at (412) 281-2146 to schedule a free consultation.