How a Criminal Defense Attorney Handles Robbery and Theft Charges

Robbery and theft are serious offenses under law, and both can result in criminal records, jail time, and long-term consequences for employment and reputation. While they’re often grouped together, robbery and theft involve different levels of severity and legal standards. If you’re charged with either offense, you need a defense lawyer who knows how to challenge evidence, protect your rights, and fight for your future. Call a reliable Philadelphia defense attorney.

With over 30 years of experience defending clients charged with property crimes, I’ve helped people navigate these charges and avoid harsh outcomes. Here’s how I approach robbery and theft cases.

Understanding the Charges: Theft vs. Robbery

Theft (Larceny) – 18 Pa.C.S. § 3921

Theft involves:

• Unlawfully taking or withholding someone else's property

• With the intent to deprive the owner of it permanently

Charges depend on the value of the property and the circumstances of the crime. Theft may be classified as a summary offense, misdemeanor, or felony.

Robbery – 18 Pa.C.S. § 3701

Robbery is much more serious because it involves force or threat of force during a theft. It's a violent felony, even if no weapon was used. Example: Grabbing a purse off someone’s shoulder, pushing a store clerk during a shoplift, or making verbal threats while taking property — all can turn a theft into a robbery.

What I Evaluate in Robbery and Theft Cases

1. The Facts of the Incident

I start by examining:

• Police reports and arrest records

• Surveillance footage or eyewitness accounts

• Statements made by the defendant or others involved

• Whether force, threats, or weapons were allegedly used

The level of force used determines whether the charge is simple theft or upgraded to robbery.

2. The Value and Type of Property Taken

The seriousness of a theft charge often depends on the dollar amount:

• Under $50: Summary offense

• $50–$2,000: Misdemeanor

• Over $2,000 or theft involving vehicles, firearms, or fiduciary positions: Felony

In some cases, I challenge the accuracy of the valuation or whether the defendant actually took the property.

3. The Intent Behind the Act

To convict someone of theft or robbery, the prosecution must prove criminal intent — that the accused meant to steal or use force. I evaluate:

• Whether it was a misunderstanding (e.g., property believed to be theirs)
  If alcohol, mental health, or cognitive impairments played a role

• Whether coercion or duress from others occurred

4. Identity and Witness Reliability

In many theft or robbery cases, the biggest issue is who committed the act — not whether a crime occurred. I look closely at:

• Lineup procedures

• Eyewitness credibility

• Any mistaken identity or bias

If the identification process was flawed, I can file motions to suppress the evidence.

Defenses to Theft and Robbery Charges

Depending on the facts, I may build a defense around:

• Lack of intent

• Mistaken identity

• Alibi

• Consent (e.g., permission to use or borrow)

• Duress or coercion

• Violation of rights (e.g., illegal search or arrest)

Penalties for Theft and Robbery

Penalties for theft and robbery depend on the circumstances and the value of what's taken. For example, stealing property worth less than $50 may be charged as a summary offense or misdemeanor, punishable by up to 90 days in jail and a fine. Theft involving property worth over $2,000 is usually charged as a felony, with potential prison time of up to 7 years. Robbery without a weapon is typically a second-degree felony, carrying up to 10 years in prison. If a weapon is involved, robbery becomes a first-degree felony and can lead to as much as 20 years behind bars. That’s why it’s essential to have an experienced lawyer in your corner from the very beginning.

Accused of Robbery or Theft? You Have Options.

Even serious charges can be resolved without a conviction. Depending on your record and the facts, alternatives may include:

• Charge reduction to a lesser offense

• Diversion programs (ARD or theft prevention classes)

• Plea bargains with no jail time

• Fighting the case at trial

I can be your assault attorney in Philadelphia as well. As a defense attorney with over 30 years of experience, I’ll help you understand your options and build a strategy that protects your future. Contact Mark D. Hauser, Attorney at Law today for a confidential case evaluation.