If you have been charged with theft in Pennsylvania, the grade of the offense matters. What might seem like a minor accusation can quickly escalate to a misdemeanor or felony depending on value, prior offenses, and circumstances.
At Stephen Stewart Law, we defend clients facing theft and retail theft charges in:
Philadelphia County
Montgomery County
Delaware County
Bucks County
Chester County
Early intervention often makes the difference between a permanent record and a negotiated resolution.
Pennsylvania’s theft law covers a wide range of conduct, including:
Taking property without permission
Shoplifting / retail theft
Theft by deception
Theft of services
Receiving stolen property
Theft from employer
Auto-related theft offenses
The grading of a theft charge depends primarily on:
The value of the property
The type of property taken
The defendant’s prior record
Whether the offense involved retail theft
A theft can be charged as a summary offense when:
The value of the property is less than $50, and
There are no significant aggravating factors.
Penalties may include fines and up to 90 days in jail.
Theft becomes a misdemeanor when:
Value is $50 to $200 → typically a 2nd-degree misdemeanor
Value is $200 to $2,000 → typically a 1st-degree misdemeanor
Maximum penalties:
Misdemeanor of the 2nd degree: Up to 2 years incarceration
Misdemeanor of the 1st degree: Up to 5 years incarceration
A theft charge becomes a felony when:
The value exceeds $2,000
The property is a firearm
The property is taken from a person (e.g., pickpocket scenario)
The property is a motor vehicle
The theft is committed as part of organized retail or cargo theft
Felony grading may include:
Felony 3rd degree: Up to 7 years incarceration
Higher exposure depending on specific statutory category
Felony theft convictions carry long-term consequences beyond jail — employment barriers, professional license issues, firearm prohibitions, and immigration consequences.
(18 Pa.C.S. § 3929)
Retail theft has its own grading structure separate from general theft statutes.
Retail theft includes:
Taking merchandise from a store
Altering price tags
Under-ringing items
Removing anti-theft devices
Concealment of merchandise
If the value is under $150 and it is a first offense, retail theft is typically charged as a:
Summary offense
Penalties may include fines and possible jail.
Regardless of value (under $150), a second retail theft becomes:
Misdemeanor of the 2nd degree
Maximum penalty: up to 2 years incarceration.
A third offense becomes:
Misdemeanor of the 1st degree
If the value of merchandise exceeds $2,000 or the defendant has multiple prior convictions, charges may escalate to a felony.
If the value exceeds $150, it is generally charged as:
Misdemeanor of the 1st degree (even for first offense)
If the amount exceeds $2,000 or involves organized activity, it may be graded as a felony.
While theft law is statewide, handling and diversion programs vary by county.
Philadelphia often offers diversionary programs for first-time offenders, but eligibility depends on circumstances.
Montgomery County carefully reviews prior records and restitution issues.
Retail theft cases are frequently negotiated, but repeat offenses face increased scrutiny.
Procedural defenses and evidentiary issues (surveillance, store security testimony) often play a role.
Chester County prosecutors closely evaluate grading and prior history in retail theft matters.
A theft conviction can affect:
Employment opportunities
Professional licenses
Security clearances
Immigration status
Background checks
College admissions
Even a summary offense can appear on background screenings.
Each case turns on its facts, but defenses may include:
Lack of intent to permanently deprive
Mistaken identity
Ownership dispute
Consent
Inaccurate valuation of property
Insufficient surveillance evidence
Improper store security procedures
Constitutional violations
Early review of surveillance footage and witness statements is critical.
In many counties, first-time offenders may qualify for:
ARD-type programs
Summary diversion
Restitution-based resolution
Expungement eligibility after completion
However, eligibility is not automatic and requires careful strategy.
If you are facing charges in:
Philadelphia
Montgomery County
Delaware County
Bucks County
Chester County
You should speak with a defense attorney immediately.
The difference between a summary offense and a felony can affect your future for years.
What should I do if my loved one or I am charged with a Theft crime in Pennsylvania? If you or your loved one has been accused of a theft and you would like to get out ahead of it, call 215-650-6500 to discuss your options or get a second opinion from attorney Stephen Stewart. Prosecutors often seek cash bail for individuals accused of serious, repeat, or organized theft crimes.
What are the possible sentences if convicted of Theft in Pennsylvania? The penalties are wide-ranging because there are so many different factors under the Theft and Retail Theft laws in Pennsylvania. However, Thefts are felonies and can carry significant jail or prison time if convicted. Third and subsequent Retail Theft charges are considered felonies under the law regardless of the dollar amount. Call attorney Stephen Stewart at 215-650-6500 to discuss your particular situation.
What if my loved one or I already have an attorney? If you or your loved one has already had a court date in a Theft case, a public defender, a court-appointed attorney, or another privately retained attorney may be on the case. Attorney Stephen Stewart can offer a second opinion and potentially an alternative approach to fighting the charges if you are unhappy with your current representation. Book An Appointment to discuss.
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