You can go to jail for shoplifting in Pennsylvania, with the penalties and possible fines and fees ranging in severity based on the extent of the theft and the value of the merchandise in question. Your criminal history and other factors also play a role in how you could be sentenced. A lawyer can mitigate the harm of a criminal conviction and help you start rebuilding your life and future after an arrest.
Shoplifting can be charged as a misdemeanor or felony, depending on the value of the merchandise and previous convictions—either charge could seriously impede your future. Facing criminal charges on your own can be a frightening and stressful experience. A Blue Bell criminal defense lawyer will support you whether you are a first-time offender or have had multiple arrests.
How Pennsylvania Defines Shoplifting and Related Offenses
Many people think of shoplifting as stealing something from a retailer. In addition to simply secreting or stealing merchandise, Pennsylvania law (18 Pa. C.S.A. § 3929) defines shoplifting as any of the following actions:
- Takes or removes merchandise from a retailer without paying for it
- Changes the retail price label of merchandise to pay less than the retailer’s asking price
- Changes the packaging or appearance of merchandise to pay less than the retailer’s asking price
- Intentionally charges less than the retailer’s asking price for merchandise
- Disables inventory control devices to remove merchandise without paying or alerting a retailer
If you or someone you love was accused of, or arrested for, any of these actions, you could face shoplifting charges in varying degrees. A lawyer can help you understand the specific charges and potential penalties you face.
When is Shoplifting Charged as a Misdemeanor in Pennsylvania?
Shoplifting is not a victimless crime. A retailer and consumers incur financial costs due to shoplifting, making the state take this criminal act seriously. Charges for shoplifting can include a summary offense, typically charged against a first-time offender when the stolen items have a combined value of less than $150.
You could also be charged with a misdemeanor for shoplifting if:
- Second degree misdemeanor: This arrest is a second offense and the stolen merchandise totals less than $150
- First degree misdemeanor: This arrest is a first or second offense and the stolen merchandise totals more than $150
A misdemeanor is a lesser—but still serious—criminal offense. It can carry significant jail time and hefty fines. It can also disrupt your life, separate you from your loved ones, and damage your career and education goals.
When is Shoplifting Charged as a Felony in Pennsylvania?
A felony conviction differs from a misdemeanor in severity and penalties. Felony charges are serious and can take a serious toll on your life in various ways. You can be charged with a felony for shoplifting if:
- Third degree felony: This charge applies if it is at least a third offense, no matter what the stolen merchandise is worth
- Third degree felony: The value of the stolen merchandise exceeds $1,000 or includes a car or firearm
Felony conviction can lead to jail time, imprisonment, and damaging background checks. A felony on your record can limit your life, harm your professional and community reputation, and prevent you from obtaining certain professional licenses.
Why You Should Hire a Criminal Defense Attorney for Shoplifting Charges
A criminal defense lawyer can investigate the charge of shoplifting against you for accuracy and fairness. They can also mitigate the charges and severe penalties you are facing and investigate any rights violations that occurred before, during, and after your arrest.
Your lawyer will:
- Work with the prosecution to reach a mutually beneficial plea agreement
- Strive to have the charges against you reduced, which can result in lower jail times and lighter fines
- Fight for bail that can keep you from remaining in jail while your case is pending
Your lawyer can also ensure the value of the merchandise in question is accurately reflected in the proposed charges. They can also ensure your criminal record is accurate and limit the impact on your current case.
Penalties for Shoplifting Misdemeanors and Felonies in Pennsylvania
30 Pa. C.S.A. § 923 describes the penalties and fines you could face if convicted of shoplifting in Pennsylvania. Accordingly:
- First to third-degree summary convictions are punishable by up to 90 days of incarceration and up to $250 in fines
- First to third-degree misdemeanor convictions are punishable by up to five years of incarceration and up to $10,000 in fines
- First to third-degree felony convictions are punishable by up to ten years of incarceration and up to $25,000 in fines
The penalties you face can be increased based on your criminal history. Your lawyer will work hard to limit its impact on your recent shoplifting charges. If possible, your lawyer will fight for the dismissal of the charges.
How a Lawyer Can Protect Your Rights After a Shoplifting Arrest
When you are arrested, you have the right to remain silent. You should exercise this right and say nothing at all until your lawyer is present. Police may also attempt to question you after your arrest. Again, you have the right to refuse to say anything without your lawyer present.
If either of these rights are violated, your lawyer can leverage the violation to reduce or dismiss your shoplifting charges. The lawyer you choose can make an important difference in how your case is handled and in its outcome.
Opt for a criminal defense attorney who is readily accessible, responds promptly to any questions you have, and will regularly update you on the progress of your charges.
Get Help Mitigating the Penalties for Shoplifting Charges in Pennsylvania
If you were recently arrested for shoplifting in any of its forms, you can go to jail in Pennsylvania. Our law firm can help you build a defense strategy that limits the potential damage to your life and reputation. You do not have to fight back on your own when our criminal defense team is on your side.
Find out how we measure our success by your success. Contact McKenzie Law Firm, P.C. today to explore your defense options.
