Individuals facing a first-time shoplifting charge in Pennsylvania typically face less severe charges and penalties than repeat offenders. Usually, first-time shoplifting offenders receive a misdemeanor charge with a potential fine. However, the type of merchandise and its value greatly affect the charges and penalties you could receive.
Understanding what the first-time charge is for shoplifting in Pennsylvania can help you build a strong defense and even reduce or eliminate charges. A skilled theft crimes defense lawyer in Montgomery can help you understand your legal rights and options.
What Is Considered Shoplifting in Pennsylvania?
Under 18 Pa. C.S. § 3929, shoplifting, also called retail theft, occurs when someone removes merchandise from a retail establishment without paying for it. However, you can also be charged for retail theft if you switch tags or containers on merchandise to pay less than the product’s retail value.
Retail theft in Pennsylvania is divided into five grades:
- First offense for a value less than $150
- Second offense for a value less than $150
- First or second offense for a value greater than $150
- Third or subsequent offense regardless of merchandise value
- Any offense where the merchandise is a firearm or motor vehicle, or the value exceeds $1,000
Merchandise Value Affects Charges and Penalties for a First-Time Shoplifting Offense in Pennsylvania
Several factors can affect the types of charges and penalties you face for a first-time shoplifting charge in Pennsylvania. A primary deciding factor is the type and value of the merchandise taken.
Merchandise Less Than $150
First-offense shoplifting of less than $150 is usually a summary offense. This is the lowest possible criminal charge, ranking even lower than a misdemeanor. Most summary offenses, including shoplifting, result in a fine. You may not need to go to court for a summary offense, and the charge can often be expunged from your record.
Merchandise Over $150
A shoplifting first offense for a merchandise value greater than $150 but less than $1,000 is usually a first-degree misdemeanor. Misdemeanor violations are divided into first, second, and third degrees. Third-degree misdemeanors are the least serious, while first-degree misdemeanors are the most serious and carry the harshest penalties. For a first-time misdemeanor shoplifting offense, you may be fined and also face jail time up to five years.
Merchandise Over $1,000, Firearms, or Motor Vehicles
First-offense shoplifting for firearms, motor vehicles, or merchandise with a value greater than $1,000 is typically considered a third-degree felony. Like misdemeanors, felonies are divided into first, second, and third degrees, with third being the least serious and first being the most serious. Regardless of the degree, a felony conviction for shoplifting can result in significant fines, license suspension, and jail time.
Other Charges Associated With Shoplifting in Pennsylvania
In addition to retail theft, a shoplifter in Pennsylvania could also face charges related to the crime. For example, if you broke a merchandise case or knocked over a security guard, you may face additional charges for property damage or assault.
Prior convictions for related or unrelated crimes could also lead to harsher penalties. For instance, if you have a prior conviction for auto theft, it could result in much higher charges and penalties for shoplifting.
How a Shoplifting Conviction in Pennsylvania Affects Your Future
A conviction for shoplifting, whether it is a misdemeanor or felony, can have a lasting impact on your day-to-day life. In Pennsylvania, your criminal record may be available to interested parties, including potential lenders, employers, and landlords. A conviction may prevent you from obtaining gainful employment, securing a home or apartment, or buying property such as a vehicle or house.
Advantages of Working With a Skilled Pennsylvania Shoplifting Attorney
When you face shoplifting charges, you have the right to a defense attorney. There are numerous advantages to working with a defense lawyer.
They Can Review and Verify the Evidence
A criminal defense lawyer will conduct a thorough investigation into the details of your case. Since you are innocent until proven guilty, the parties charging you for shoplifting must prove beyond reasonable doubt that you stole from the establishment.
If the plaintiff does not have sufficient evidence to prove the charges, your lawyer may ask to have the charges dismissed. Similarly, if the evidence is circumstantial or illicitly obtained, your lawyer could request that such evidence be removed.
A Lawyer Can Examine How the Police Handled Your Arrest and Investigation
You have certain rights during the arrest and investigation. For example, the police must read your Miranda Rights at the time of the arrest, and they cannot coerce a confession from you. They also cannot falsify reports, fabricate evidence, or tamper with witness statements.
A criminal defense attorney can explain your legal rights and examine the way your case was handled. If they find that the police mishandled your case, they could ask the judge to dismiss the case.
Your Attorney Can Build a Sound Defense
If your shoplifting charges require a trial, your attorney can help you build a defense to get your charges reduced and dismissed. Common defenses for shoplifting cases may include:
- Under duress: You took the merchandise because someone threatened you or another person with immediate bodily harm
- Lack of intent: You did not intend to take the merchandise without paying
- Mistaken identity: You are not the person who took the merchandise
- Claim of ownership: You did pay for or otherwise legally obtain the merchandise
- Consent of the owner: You had consent from the owner to take the merchandise
A criminal defense lawyer can gather evidence to establish your defense. While no outcome is guaranteed, the attorney’s goal is to have your charges reduced or eliminated.
A Lawyer Can Negotiate a Plea Deal
If they cannot get the charges removed altogether, your attorney may recommend a plea deal. In a plea bargain, you plead guilty to a lesser charge. Although this may not seem like the ideal option, it can help you avoid or reduce felony charges, jail time, and fines.
Consult With a Pennsylvania Shoplifting Defense Attorney Today
If you are facing shoplifting charges, don’t wait to contact a defense lawyer as soon as possible. At McKenzie Law Firm, P.C., we are equipped to fight for the best outcome for your case. Our legal team can help you navigate the legal system and advocate for your rights.
Contact our office today to discuss your Pennsylvania shoplifting case.
