Charged with Theft or Shoplifting in Pennsylvania? Here’s What You’re Facing

As a criminal defense attorney with over 30 years of experience, I’ve helped clients fight theft charges of all types — from simple shoplifting to felony-level fraud. Here’s what you need to know if you or a loved one has been charged.

🔹 Theft vs. Retail Theft: What’s the Difference?

Theft (18 Pa. C.S. § 3921): Taking another person’s property with the intent to deprive them of it.
Retail Theft (18 Pa. C.S. § 3929): Stealing merchandise from a store, also known as shoplifting.

Retail theft includes:

• Walking out with unpaid items

• Switching price tags

• Concealing items

• Returning stolen merchandise for store credit

🔹 Penalties Depend on the Value and Prior Offenses

Item Value1st Offense2nd Offense3rd Offense or MoreUnder $150Summary offenseMisdemeanor of 2nd deg.Felony of 3rd degree$150 – $999Misdemeanor of 1st deg.Misdemeanor of 1st deg.Felony of 3rd degree$1,000 or more, or firearmsFelony of 3rd degreeFelony of 3rd degreeFelony of 2nd degree

Penalties may include:

• Up to 10 years in prison for repeat felony convictions

• Fines up to $25,000

• Mandatory restitution to the victim or store

• Loss of future employment opportunities

🔹 First-Time Offenders May Qualify for Diversion

If this is your first offense, you may be eligible for diversionary programs such as:

• ARD (Accelerated Rehabilitative Disposition)

• Retail Theft Diversion Programs

• Probation without verdict

These programs may help you avoid jail and a criminal record — but you’ll need an attorney to guide you through the process.

🔹 Can You Be Arrested If You Didn’t Leave the Store?

Yes. In Pennsylvania, concealing an item inside the store can still lead to an arrest. Store security and police don’t need to wait for you to exit — intent to steal is enough in many cases.

🔹 Common Defenses Against Shoplifting Charges

✅ Lack of intent (accidental or mistaken theft)
✅ False accusation or mistaken identity
✅ Illegal search or seizure (evidence suppression)
✅ Mental health issues or misunderstanding

Every case is different — a strong defense can reduce or eliminate the charges.

🔹 Don’t Take the Risk — Get Legal Help Today

Even a summary offense for theft can have lifelong consequences. If you’ve been charged, it’s critical to speak with an experienced defense attorney right away.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.