Pennsylvania Shoplifting Lawyers

The general definition for shoplifting is the act of committing larceny from a retailer. Larceny is the unlawful and intentional act of taking property belonging to another person. The act is done with the intent to permanently deprive the person of the enjoyment of the property. The “person” in a shoplifting crime is the retailer. The property is the merchandise taken without consent. If you are facing a shoplifting crime in Pennsylvania, the first step of taking fear out of the criminal justice process is to understand the charge.

Why You can Be Convicted with Shoplifting in Pennsylvania

Anyone in the Commonwealth can be charged with shoplifting based on no evidence at all. However, to obtain a conviction, Commonwealth prosecutors must prove beyond all reasonable doubt that you are guilty of shoplifting. They must use elements. These elements outlined in 18 Pa.C.S.A. 3929 and any evidence that have.

According to the Commonwealth’s statute, you can be charged with shoplifting if one of the following occurs:

You destroy or remove the control tag, security strip or any mechanism designed to prevent shoplifting from occurring.
You under-ring the item or items with the intention of permanently depriving the merchant of receiving the full retail value. For example, you allegedly ring the item as $1.99 instead of $19.99 to pay less or have someone else pay less.
You take possession of the merchandise, transfer it or carry it away with the intent of permanently depriving the merchant of the full retail value.
You alter, remove or transfer a price tag, label or any type of indicia of value from merchandise with the intent not to pay full retail value

Shoplifting Offenses and Penalties in Pennsylvania

Shoplifting is generally a misdemeanor offense in the Commonwealth. Whether you or your loved one is charged with a specific degree depends on the circumstances of the crime and if you have any priors.

•Shoplifting in the First Degree: You allegedly take merchandise that is valued at more than $150. You also have a prior first or second offense.
•Shoplifting in the Second Degree: You allegedly take merchandise valued at less than $150. You have one prior offense.
•Shoplifting in the Third Degree: You allegedly take merchandise valued at less $150

The only time you can be charged with felony shoplifting is when you have three or more prior offenses regardless of the value of the stolen merchandise. You also may be charged with felony shoplifting if the merchandise at more than ,000 or you allegedly store a firearm.

Shoplifting Penalties in Pennsylvania

Remember that just because you or your loved one is charged with shoplifting doesn’t mean that you will be convicted. Speak with a defense lawyer about fighting the criminal charge. For right now, it’s important for you to understand the penalties each misdemeanor and felony crime has.

•First degree shoplifting misdemeanor is five years of imprisonment and $10,000 fine.
•Second degree shoplifting misdemeanor is two years of imprisonment and $5,000 fine
•Third degree shoplifting misdemeanor is 90 days in jail and $300 fine.

Felony shoplifting is seven years in prison and $15,000 fine.

It’s important to note there are shoplifting defenses available to use. For example, you can use mistake of fact, you had the consent of the retailer to take the property and innocence.

Our Law Firm is Ready to Fight Your Shoplifting Charge

Shoplifting may not seem like a crime with harsh penalties, but it is. You or your loved one is facing jail time just because of the criminal charge. At our law firm, we understand the seriousness of a shoplifting charge. We start working for you the moment you contact us. We will start building a defense immediately based on the facts of your case. Do not leave your case to chance. Commonwealth prosecutors have convicted people with less evidence. Contact us today about your shoplifting charge.

You’ve Been Accused of Shoplifting in Pennsylvania – Now What?

Shoplifting, might seem like a minor offense, but, it’s actually a serious crime in Pennsylvania. Even, if you only took a small item, you could face harsh penalties like fines and jail time. That‘s, why you need an experienced Pennsylvania shoplifting lawyer on your side.At Spodek Law Group, we’ve handled countless shoplifting cases across the state. We, understand the stress and confusion you‘re feeling right now. But, take a deep breath – we’re here to guide you through this every step of the way.In this comprehensive guide, we’ll cover:

• Pennsylvania shoplifting laws and penalties
• What to do if you’re caught shoplifting
• How a skilled lawyer can help your case
• Frequently asked questions about shoplifting charges

Let’s dive in.

What is Shoplifting Under Pennsylvania Law?

Under Pennsylvania law, shoplifting falls under the broader crime of “retail theft.” This includes:

• Taking merchandise from a store without paying
• Altering price tags
• Removing security devices
• Transferring goods from one container to another

Essentially, if you deprive a retail establishment of its merchandise through deception, that constitutes retail theft or shoplifting.It doesn‘t matter if the item was inexpensive or if you intended to pay later. Shoplifting is shoplifting in the eyes of the law.

Grading of Pennsylvania Shoplifting Charges

The value of the merchandise stolen determines whether shoplifting is graded as a misdemeanor or felony:

• Summary Offense: Less than $150
• Misdemeanor of the Third Degree: $150 – $999.99
• Misdemeanor of the Second Degree: $1,000 – $24,999.99
• Misdemeanor of the First Degree: $25,000 or more

Even a summary offense can result in fines up to $300 and potential jail time. Higher charges bring even stiffer penalties.

Penalties for Shoplifting in Pennsylvania

The punishments get increasingly harsh as the shoplifting charge increases:

Summary Offense

• Up to 90 days in jail
• $300 maximum fine

Misdemeanor of the Third Degree

• Up to 1 year in jail
• $2,500 maximum fine

Misdemeanor of the Second Degree

• Up to 2 years in jail
• $5,000 maximum fine

Misdemeanor of the First Degree

• Up to 5 years in jail
• $10,000 maximum fine

These are just the standard penalties. Aggravating factors like using weapons or causing injury can lead to enhanced sentences.Even a minor shoplifting incident can have major consequences. That’s, why you need to take these charges extremely seriously from the start.

What to Do If You’re Caught Shoplifting in Pennsylvania

Being caught shoplifting is an incredibly stressful experience. You’re likely feeling anxious, ashamed, and unsure of what to do next.Here are the most important steps to take:

1. Stay Calm and Comply with Store Employees

Shoplifting is a crime, so store security has the right to detain you in a reasonable manner. Don’t try to flee or resist, as that could lead to additional charges like robbery or assault.

2. Avoid Discussing the Incident or Admitting Guilt

You have the right to remain silent. Don’t say anything that could be used against you later. Simply ask to speak to your lawyer.

3. Request to Leave and Contact a Lawyer Immediately

Once store employees have your information, firmly but politely request to leave the premises. Then, contact an experienced Pennsylvania shoplifting lawyer right away.

4. Write Down Everything You Remember

As soon as possible, write down all the details you can recall about the incident – who was involved, what was said, etc. This information can help your lawyer later.

5. Avoid Returning to the Store

Stay away from the store where the alleged shoplifting occurred. You could face trespassing charges or have a more difficult encounter with security.Following these steps carefully can help protect your rights and start building a strong defense.

How a Pennsylvania Shoplifting Lawyer Can Help Your Case

You might be tempted to simply pay the fine and “make this go away.” But, that could mean having a criminal record that follows you around for life.An experienced Pennsylvania shoplifting lawyer can provide invaluable assistance, including:Investigating the Incident Thoroughly
Your lawyer will go over security footage, interview witnesses, and look for any holes in the prosecution‘s case against you.Identifying Potential Defenses
There are many possible legal defenses against shoplifting charges, such as lack of intent, entrapment, or mistaken identity. A good lawyer will find any that apply to your situation.Negotiating for Alternative Sentencing
Depending on the circumstances, your lawyer may be able to negotiate for a lighter sentence, such as probation, community service, or a diversionary program to keep the charge off your record.Protecting Your Rights at Every Stage
From questioning to charging to court proceedings, an attorney will ensure law enforcement follows proper protocols and that your constitutional rights are upheld.Representing You Aggressively at Trial
If your case proceeds to trial, you need an experienced litigator who can present compelling arguments and evidence to obtain a not guilty verdict.The bottom line? Having a knowledgeable Pennsylvania shoplifting lawyer on your side greatly increases your chances of beating the charges or minimizing the consequences.