Theft offenses are one the most common offenses prosecuted in every county of the State. Theft offenses can be graded as anything from a summary offense to a Felony of the second degree. Theft offenses are graded based on either the value or the nature of the item stolen or attempted to be stolen. Theft offenses range from summary’s carrying a maximum punishment of 90 days in jail and a $300 fine; all the way up to Felony 1, carrying a maximum punishment of 20 years in jail, and a $25,000 fine. Conviction of theft offenses can also have a substantial impact on future employment, and therefore it is imperative to involve experienced counsel at the earliest opportunity.
Grading of Theft offenses generally, 18 Pa.C.S.A § 3903
Thefts are considered a Felony of the second degree if:
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(1) committed during manmade disaster, a natural disaster or a war-caused disaster and constitutes a violation of section 3921 (relating to theft by unlawful taking or disposition), 3925 (relating to receiving stolen property), 3928 (relating to unauthorized use of automobiles and other vehicles) or 3929 (relating to retail theft).
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(2) The property stolen is a firearm.
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(3) In the case of theft by receiving stolen property, the property received, retained or disposed of is a firearm.
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(4) The property stolen is any amount of anhydrous ammonia.
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(5) The amount involved is $100,000 or more but less than $500,000.
Thefts are considered a Felony of the third degree if the amount exceeds $2,000.00, or if the property stolen is an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle, or in the case of theft by receiving stolen property, if the receiver is in the business of buying or selling stolen property. -
(1) in the case of theft by receiving stolen property, the property received, retained or disposed of is a firearm and the receiver is in the business of buying or selling stolen property; or
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(2) the amount involved is $500,000 or more.
Thefts not otherwise listed above constitute a misdemeanor of the first degree, except that if the property was not taken from the person or by threat, or in breach of fiduciary obligation, and: -
(1) the amount involved was $50 or more but less than $200 the offense constitutes a misdemeanor of the second degree; or
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(2) the amount involved was less than $50 the offense constitutes a misdemeanor of the third degree.
Thefts are considered a Felony of the first degree if:
Retail and Organized Retail Theft
The legislature has set more specific penalties for crimes that constitute retail theft and organized retail theft. Subsequent convictions of retail theft can quickly result in a felony record. All retail theft allegations and or charges should be taken very seriously. A third offense of retail theft is a felony offense regardless of the value of the item taken.
18 Pa.C.S.A. § 3926 (b) sets forth the following grading scheme for retail thefts:
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(1) Retail theft constitutes a:
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(i) Summary offense when the offense is a first offense and the value of the merchandise is less than $150.
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(ii) Misdemeanor of the second degree when the offense is a second offense and the value of the merchandise is less than $150.
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(iii) Misdemeanor of the first degree when the offense is a first or second offense and the value of the merchandise is $150 or more.
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(iv) Felony of the third degree when the offense is a third or subsequent offense, regardless of the value of the merchandise.
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(v) Felony of the third degree when the amount involved exceeds $1,000 or if the merchandise involved is a firearm or a motor vehicle.
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(1.1) Any person who is convicted under subsection (a) of retail theft of motor fuel may, in addition to any other penalty imposed, be sentenced as follows:
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(i) For a first offense, to pay a fine of not less than $100 nor more than $250.
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(ii) For a second offense, to pay a fine of not less than $250 nor more than $500.
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(iii) For a third or subsequent offense, to pay a fine of not less than $500, or the court may order the operating privilege of the person suspended for 30 days. A copy of the order shall be transmitted to the Department of Transportation.
18 Pa.C.S.A. § 3929.3 Organized retail theft, occurs if someone organizes, coordinates, controls, supervises, finances or manages any of the activities of an organized retail theft enterprise.
If the value of the stolen property of the enterprise is $5,000 – $19,999, the offense is Felony of the third degree, and if equal to or greater than $20,000, then the offense constitutes a Felony of the Second degree.
