How Shoplifting Charges Are Handled in Pennsylvania: Retail Theft Explained

If you’ve been arrested or cited for shoplifting in Philadelphia or anywhere in Pennsylvania, it’s important to understand how the law works and how a criminal defense attorney can help protect your rights.

What Is Considered Shoplifting in Pennsylvania?

Shoplifting is legally referred to as retail theft under 18 Pa. C.S. § 3929. You can be charged with retail theft if you:

• Take merchandise without paying

• Conceal merchandise with the intent to steal

• Alter or remove price tags or labels

• Transfer items to a different container to avoid full payment

• Under-ring items at self-checkout or register

• Leave a store without paying (even if you intended to pay later)

Intent matters. Prosecutors must prove you meant to deprive the store of the full value—but actions like concealing an item or walking past the registers can be used as evidence of intent.

Levels of Retail Theft Charges in Pennsylvania

Retail theft charges vary based on the value of the merchandise and your criminal history:

🟢 First Offense:

• Under $150 – Summary offense

  • Up to 90 days in jail and a fine up to $300

🟡 Second Offense:

• Under $150 – Second-degree misdemeanor

  • Up to 2 years in jail and up to a $5,000 fine

🔴 Third Offense or Items Over $150:

• $150 or more – First-degree misdemeanor

  • Up to 5 years in prison and up to a $10,000 fine

🔴 $1,000 or More, or Theft of a Firearm:

• Third-degree felony

  • Up to 7 years in prison

Stores often prosecute aggressively—especially chains with loss prevention teams. Even if you think it was a minor misunderstanding, you could still end up in court.

What Happens After a Shoplifting Arrest?

If you’re caught shoplifting, the store may:

• Detain you and contact the police

• Ask you to sign a written confession or ban you from returning

• Provide surveillance footage or witness statements to police

Police may issue you a citation (for summary offenses) or arrest you (for misdemeanor/felony cases). You’ll then receive a court date to appear before a judge.

It’s critical to contact a criminal defense lawyer before your first court appearance to explore your legal options.

Can You Go to Jail for Shoplifting?

Yes, especially if:

• You’ve been charged before

• The stolen items were valuable (electronics, designer goods, etc.)

• You’re accused of working with others or using tools to steal

• You fail to appear in court or violate probation

However, for first-time, low-value offenses, an experienced defense attorney can often:

✅ Get the charge dismissed
✅ Help you enter a diversion or ARD program
✅ Negotiate for community service or restitution
✅ Prevent a criminal conviction and protect your record

Will a Retail Theft Conviction Stay on Your Record?

Yes. A retail theft conviction, even for a summary offense, becomes part of your permanent criminal record and can show up in background checks for jobs, housing, and education.

But if your case is dismissed, or if you complete a diversion program, you may be eligible for expungement to clear your record.

What If You Were Wrongfully Accused?

False accusations do happen. You may have:

• Forgotten to scan an item at self-checkout

• Been confused with another customer

• Been stopped unfairly based on appearance or assumptions

• Made an honest mistake with no intent to steal

Your attorney can request surveillance footage, challenge witness testimony, and raise doubt about your intent to steal.

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

Shoplifting charges may seem minor, but they can carry major consequences. With over 30 years of experience defending clients in Philadelphia and across Pennsylvania, Mark D. Hauser can help protect your record, negotiate alternatives to jail, and fight for a dismissal whenever possible.

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