Fighting Theft by Deception Charges in Pennsylvania

These charges are often misunderstood—and can be filed even when no theft actually occurred. If you’ve been charged with theft by deception in Philadelphia or anywhere in Pennsylvania, it’s important to understand your rights and how an experienced criminal defense attorney can help.

What Is Theft by Deception in Pennsylvania?

Under 18 Pa. C.S. § 3922, a person commits theft by deception when they intentionally obtain or withhold the property of another by deception. This includes:

• Creating or reinforcing a false impression

• Failing to correct a false impression that the victim holds

• Preventing someone from acquiring information that would affect their judgment

• Failing to disclose a legal obligation to return property

In plain terms, if someone accuses you of lying or misleading them to gain something of value, you could be charged—even if no force or physical taking occurred.

Examples of Theft by Deception

Common scenarios where these charges may arise include:

• Falsely claiming to be raising money for charity

• Selling a product or service you never intended to deliver

• Misrepresenting your identity or professional credentials

• Taking deposits for work you didn’t plan to complete

• Giving false information to obtain government benefits

• Lying about the condition of an item during a sale

Even exaggeration or a misunderstanding can sometimes lead to charges—especially if money changes hands.

Is It the Same as Fraud?

Theft by deception is similar to fraud, but not exactly the same. While fraud usually involves a deliberate scheme (e.g., insurance fraud, credit card fraud), theft by deception focuses more on the act of misleading someone to obtain property or money.

In some cases, you may be charged with both offenses depending on how the alleged conduct occurred.

Penalties for Theft by Deception in Pennsylvania

The seriousness of the charge depends on the value of the property involved:

• Less than $50 – Third-degree misdemeanor (up to 1 year in jail)

• $50 to $199 – Second-degree misdemeanor (up to 2 years)

• $200 to $1,999 – First-degree misdemeanor (up to 5 years)

• $2,000 or more – Third-degree felony (up to 7 years)

• Involving a vulnerable victim (e.g., elderly) – Can increase penalties

A conviction also leads to a permanent criminal record, which can seriously impact employment, housing, and professional licensing.

Defenses to Theft by Deception Charges

A skilled criminal defense attorney can raise several strong defenses, depending on the facts:

✅ Lack of Intent – You didn’t intend to deceive anyone or didn’t realize the information was false.
✅ Misunderstanding – The transaction or interaction was misinterpreted; no deception occurred.
✅ Disputed Ownership – You believed the property or money was rightfully yours.
✅ No Actual Loss – The alleged victim never lost anything or suffered no real harm.
✅ Entrapment or Police Misconduct – In rare cases, law enforcement may have gone too far in trying to solicit or provoke the conduct.

Your attorney may also be able to negotiate a reduction of charges or entry into a diversion program—especially for first-time offenders.

What to Do If You’re Accused

If you’ve been charged—or even questioned—about theft by deception:

• Do not speak to law enforcement without a lawyer present

• Do not try to repay or “fix” the issue without legal advice

• Gather any receipts, contracts, emails, or messages related to the accusation

• Contact a criminal defense attorney immediately

Trying to explain your side without legal guidance can backfire and lead to self-incrimination.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’re facing theft by deception charges in Philadelphia or anywhere in Pennsylvania, you need an attorney who understands both the law and the local court system. With over 30 years of experience defending clients accused of financial and property crimes, Mark D. Hauser is prepared to fight for your rights and your reputation.

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