What Does it Mean to be Charged with Felony Theft in Pennsylvania?

Receiving felony level theft charges in Pennsylvania can be an overwhelming experience. Upon being charged, individuals often worry about how these charges are going to impact their employment, freedom, and reputation in the community. When faced with a felony level theft charge, people often have many questions such as “why is this theft charge graded as a felony?” or “is there any way in which I can avoid having a felony theft charge on my record?” This article will break down the most common types of felony level theft in Pennsylvania, the nature of each offense, the possible penalties that are associated with those charges, and provide an overview of strategies that can be used in order to defend against felony theft charges. At Johnson Duffie, our Central Pennsylvania criminal defense attorneys are well equipped to guide you through each step of the court process and ensure that you are provided with zealous advocacy and sound legal advice.

The Different Types of Felony Level Theft

Pennsylvania law provides for several different theft offenses that can be graded at the felony level. Having a solid understanding of the nature of your specific felony level theft offense is the first step in being able to properly defend against the government’s accusations against you.

Retail Theft

In Pennsylvania, the law governing Retail Theft is located under 18 Pa.C.S. § 3929. While the law provides for different ways in which an individual can commit retail theft, the most basic way in which an individual can commit retail theft is by taking an item being offered for sale without having paid the full retail value for that item. When it comes to felony level retail theft, there are two primary ways in which the offense will be classified as a felony. The first way is when the retail theft offense charged constitutes a “third or subsequent offense, regardless of the value of the merchandise.” 18 Pa.C.S. § 3929(b)(1)(iv). The second way in which a retail theft offense can be graded as a felony is when “the amount involved exceeds $1,000 or if the merchandise involved is a firearm or a motor vehicle.” 18 Pa.C.S. § 3929(b)(1)(v).

Theft by Unlawful Taking or Disposition

The law concerning Theft by Unlawful Taking or Disposition is found under 18 Pa.C.S. § 3921. Generally, a person commits the crime of Theft by Unlawful Taking or Disposition whenever they “unlawfully take, or exercise unlawful control over, movable property of another with intent to deprive him thereof.” 18 Pa.C.S. § 3921(a). Theft by Unlawful Taking or Disposition can be graded as a 1st, 2nd, or 3rd degree felony based on different factors, including the value of the item and the nature of what the item is. For example, Theft by Unlawful Taking or Disposition can be graded as a felony of the 3rd degree if “the amount involved exceeds $2,000, or if the property stolen is an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle….” 18 Pa.C.S. § 3903(a.1). By way of another example, Theft by Unlawful Taking or Disposition can be graded as a felony of the 2nd degree if the property that is stolen is a firearm. 18 Pa.C.S. § 3903(a)(2).

Receiving Stolen Property

Pennsylvania law outlines the crime of Receiving Stolen Property under 18 Pa.C.S. § 3925. A person commits the crime of Receiving Stolen Property if it is established that they “intentionally receive, retain, or dispose of movable property of another knowing that it has been stolen, or believing that it has probably been stolen, unless the property is received, retained, or disposed with intent to restore it to the owner.” 18 Pa.C.S. § 3925(a). Similar to the offense of Theft By Unlawful Taking or Disposition, Receiving Stolen Property can be graded as a 1st, 2nd, or 3rd degree felony based on the value of the item and the nature of what the item is.

Theft by Deception

The crime of Theft by Deception is found under 18 Pa.C.S. § 3922. The most common way for someone to be found guilty of Theft by Deception is if the person “intentionally obtains or withholds property of another by deception. A person deceives if he intentionally creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind. 18 Pa.C.S. § 3922(a)(1). Like the other theft offenses listed above, Theft By Deception can be graded as a 1st, 2nd, or 3rd degree felony based on the value of the item and the nature of what the item is.

The Penalties and Consequences Associated with Felony Level Theft

Pennsylvania law treats felony level theft offenses as serious crimes and the penalties associated with a felony graded theft offense can be severe. The penalties that follow being found guilty of a felony theft offense can range from probation to house arrest, or even a jail sentence. Often, being found guilty of felony level theft also means that the court will order you to pay for the value of the items that were alleged to be stolen. On top of all of this, you could also be forced to pay for court costs and fines. The specific sentence you will receive varies greatly depending on factors such as:

• If you have a criminal history and the severity of offenses contained within your criminal history
• Whether there are any mitigating factors involved in your case
• Victim input if there is a victim involved in your case
• In cases where you have pled guilty, if there is an agreement between you and the government regarding your sentence
• The severity of the felony theft offense you have either pled guilty to or have been found guilty of committing.

The sentence you could receive also depends on whether you have been charged with multiple different offenses as opposed to just one singular charge of felony theft.

In addition to the court-imposed penalties that come with being found guilty of a felony theft charge, there are several other consequences that could impact a person’s life from a felony theft conviction. These additional penalties could include, but are not limited to:

• The felony theft charge permanently appearing on your criminal record
• Failing a background check
• Immigration consequences
• Complications with obtaining or maintaining a professional license (such as a nursing license)
• Difficulties with obtaining a concealed carry firearm license
• Reputational harm

Strategies to Defend Against Theft Charges

While being charged with a felony level theft offense may be overwhelming, there are a variety of different strategies that you could use in order to defend yourself from the government’s allegations against you. One of the most overlooked strategies in defending against felony level theft charges is to exercise your rights even before charges may be filed against you. During most felony level theft investigations, law enforcement will often try to contact you and obtain your statement prior to filing charges against you. While you may have done nothing wrong at all, it is important to remember that anything you say to a police officer could later be used against you in court and interpreted in a way that does not accurately reflect what you were trying to say. In the event that you have been contacted by the police prior to charges being filed, it is important to inform the police officer that you will not be speaking with them unless you have an attorney present with you. As tempting as it may be to just explain the situation by yourself, having an experienced attorney with you during questioning ensures that your rights are being protected and that you are being placed in the best position possible in order to defend yourself.

Once felony level theft charges have been filed against you, an experienced attorney can walk you through additional strategies that you may have in defending against the allegations. Your attorney will also be able to review all of the evidence related to your case and discuss the strengths and weaknesses associated with the allegations against you. It is important to remember that as someone accused of a crime, you have absolutely no requirement to prove that you are innocent. This means that you do not have to testify, present any evidence, or call any witnesses on your behalf. Instead, it is the government’s burden to prove that you are guilty of each and every element of the felony level theft offense beyond a reasonable doubt. Depending on the specific nature of your case, you may be able to assert defenses that include, but are not limited to:

• That you are not the person who law enforcement claims committed the crime
• That the government cannot establish that you had the “intent” to commit theft
• That the government is unable to establish that the value of the items alleged to be stolen would make the offense a felony level crime.

How a Criminal Defense Attorney Can Help

Having the right attorney represent you during your felony theft case is vital to ensuring that you receive the best possible outcome. The criminal justice system is a complex process and having an experienced attorney represent you can make all the difference in your case. Oftentimes, the outcome of felony theft cases can hinge on one specific fact that can make all the difference in how your case can be resolved. At Johnson Duffie, our central Pennsylvania criminal defense attorneys are prepared to fight on your behalf during the entire court process. Whether that means contesting the evidence that the government has, filing a motion to suppress evidence that was unconstitutionally acquired, or working with you to achieve a favorable plea agreement, you can trust the experience of the attorneys at Johnson Duffie. Our attorneys understand how stressful being charged can be and are ready to walk you through each and every step that you may encounter.

Contact us today to schedule a confidential consultation and learn more about how our criminal defense attorneys can help you navigate your felony theft charges.