Under some circumstances, you could face jail time for shoplifting in Pennsylvania. Police officers could arrest you and take you to jail to wait on your first court appearance, and you could return to jail after a conviction. This greatly depends on the allegations against you, the value of the stolen property, and the strength of your defense.
If you were accused of shoplifting in Pennsylvania, you want an experienced and knowledgeable Pennsylvania criminal defense lawyer to represent you. Contact an attorney as soon as possible after your arrest to protect your rights and fight for your future.
Shoplifting Laws in Pennsylvania
Pennsylvania law, specifically Title 18, Section 3929 of the Pennsylvania Consolidated Statutes, deals directly with retail theft, including shoplifting. This law defines shoplifting and other types of retail theft and grades them based on the accused party’s previous convictions and the value of the merchandise in question.
Some types of merchandise also come with their own unique rules. For example, you could face additional penalties or elevated charges if you are arrested for stealing fuel, automobiles, or firearms.
Most shoplifting arrests occur after someone working at the store recognizes behavior they believe to be illegal and confronts the accused party. Some stores have loss prevention staff to reduce the number of people who walk out with merchandise or otherwise curb shoplifting.
Possible Penalties for a Shoplifting Conviction in Pennsylvania
The potential penalties for being convicted of a Pennsylvania shoplifting offense can vary widely. In general, the charges could be:
- A Summary Offense is the most minor charge related to shoplifting. It generally applies when the merchandise involved is valued at less than $150.
- A Misdemeanor: You will likely face a misdemeanor charge if the merchandise in question has a value of between $150 and $2,000 or if you have a prior conviction for retail theft.
- A Felony: You will face felony charges if the merchandise has a retail value of $2,000 or more or if you have multiple prior convictions.
Both misdemeanor and felony offenses have a range of jail time possible if there is a conviction. Even a misdemeanor conviction for shoplifting could send you to jail. The most minor misdemeanor conviction calls for up to two years behind bars and up to a $5,000 fine. The maximum penalty for a felony conviction is up to 20 years in jail and a $25,000 fine.
Factors Affecting Sentencing After a Shoplifting Conviction
Several factors can affect the sentence a person receives if convicted of a shoplifting charge. Many will not serve jail time for a first offense unless the value of the stolen items is significant or they used threats or force during the theft.
The factors that could play a significant role in sentencing include:
- Their prior criminal record
- Their history of retail theft or other related crimes
- The value of the stolen items
- The circumstances of the crime
- The age of the offender, such as whether they went before a judge in juvenile court or a jury in criminal court as an adult offender
What Are the Most Common Defenses and Legal Strategies for PA Shoplifting Charges?
When you hire a theft crimes defense lawyer to manage your case, you are making the choice to fight the allegations against you and pursue a more favorable outcome. They will protect your legal rights and help you develop a strong defense and legal strategy. Some possible defenses against shoplifting charges include:
- Lack of Intent: You did not intend to leave the store with the item without paying for it, or you did not intend to leave with it at all
- Mistaken Identity: They confused you with someone else who stole the item.
- False Accusation: You did not have the item in question.
- Proof of Ownership: You previously owned or paid for the item.
The best legal strategy in your case will depend on the facts and details. Having a knowledgeable and experienced criminal defense lawyer managing your case can help. They may get your case dismissed, present strong evidence that makes prosecutors drop the charges, or fight for an acquittal at trial.
Depending on the circumstances, it may be possible to avoid jail time even if facing a more serious charge and likely conviction. Your lawyer could help you explore options such as:
- Diversion programs
- Other programs for first-time offenders
- Community service and restitution
- Probation instead of jail time
Of course, when possible, it is best to avoid a conviction. Having a criminal record, even for a seemingly minor offense, can make it difficult to get a job, be accepted into college, or get money for scholarships. Your attorney can help you fight to clear your name and protect your future, seeking the best possible outcome in your case.
What Should I Do If I Am Accused of Shoplifting in Pennsylvania?
Cooperating with law enforcement is crucial if you are accused of shoplifting. However, you do not want to admit guilt or discuss the circumstances that led to your arrest with them. You can politely tell them you want to wait until you have your lawyer by your side to answer questions.
As soon as possible, call a criminal defense lawyer. Even if you think you will only face a summary offense or misdemeanor charge, do not try to manage your case on your own. You want someone on your side to gather evidence, interview witnesses, and ensure your rights remain protected during questioning and detention.
Talk to Our Team About Your Legal Options After a PA Shoplifting Arrest
Going to jail after a shoplifting arrest is not inevitable. We will fight to dismiss your charges or win your case. Trust McKenzie Law Firm, P.C. to represent you and help you protect your future. Contact us today to learn more about your legal options and how our criminal defense attorney can help.
