Philadelphia, PA Theft Defense Lawyer

Being accused of theft can have consequences that reach far beyond the possibility of jail time. A theft conviction may affect your employment, professional licenses, educational opportunities, immigration status, and reputation. Even if the alleged value of the property is relatively low, a conviction for a crime involving dishonesty can follow you for years and make it difficult to pass background checks or obtain future employment.

If you have been arrested or are under investigation for theft in Philadelphia, you should speak with an experienced criminal defense attorney as soon as possible. Theft cases often involve surveillance video, financial records, electronic evidence, witness statements, and questions regarding ownership, intent, or consent. The earlier an attorney becomes involved, the greater the opportunity to protect your rights and develop an effective defense.

At Young, Marr, Mallis & Associates, our criminal defense attorneys include former prosecutors who understand how theft cases are investigated and prosecuted in Pennsylvania. Whether you are charged with shoplifting, theft by deception, receiving stolen property, theft of services, or another theft-related offense, our Philadelphia theft defense lawyers are prepared to aggressively defend your rights and pursue the best possible outcome.

Understanding Theft Under Pennsylvania Law

Although the common law offense is traditionally referred to as “larceny,” Pennsylvania has consolidated many property crimes under the general offense of theft. Most theft offenses are found in Chapter 39 of the Pennsylvania Crimes Code (18 Pa. C.S. §§ 3901-3938). In general, theft involves unlawfully taking, withholding, obtaining, or exercising unlawful control over another person’s property with the intent to deprive the owner of it. Pennsylvania law recognizes numerous different ways that theft may occur, each with its own statutory elements. Because prosecutors must prove every required element beyond a reasonable doubt, the specific theft offense charged can significantly affect the available defenses and the potential penalties.

Pennsylvania recognizes numerous theft-related offenses beyond simply taking another person’s property.

Theft by Unlawful Taking

One of the most common theft offenses is theft by unlawful taking under 18 Pa. C.S. § 3921. This generally involves unlawfully taking or exercising unlawful control over another person’s movable property with the intent to deprive the owner of it. Many traditional shoplifting and property theft cases fall within this category, although Pennsylvania also has separate statutes governing retail theft.

Theft by Deception

Under 18 Pa. C.S. § 3922, theft by deception occurs when a person intentionally obtains or withholds another person’s property through deception. Examples may include making false representations, creating misleading impressions, failing to correct false impressions in certain circumstances, or using deceptive conduct to persuade another person to transfer money or property. These cases often involve allegations of fraud, business transactions, or financial misconduct rather than the physical taking of property.

Theft of Services

Pennsylvania also criminalizes theft of services under 18 Pa. C.S. § 3926. Unlike theft involving physical property, this offense concerns obtaining valuable services without proper payment. Examples may include intentionally avoiding payment for professional services, utilities, transportation, lodging, entertainment, or telecommunications services. Theft of services cases frequently involve questions regarding intent, billing disputes, or misunderstandings concerning payment obligations.

Theft by Extortion

Theft by extortion is prohibited by 18 Pa. C.S. § 3923. This offense generally involves intentionally obtaining another person’s property by threatening harm, accusing someone of a crime, exposing confidential information, taking official action, or using other forms of unlawful coercion described in the statute. Because these allegations often involve communications between the parties, careful examination of the surrounding facts is essential.

Receiving Stolen Property

Many people are surprised to learn that a person does not have to commit the original theft to face criminal charges. Under 18 Pa. C.S. § 3925, it is unlawful to intentionally receive, retain, or dispose of property knowing or believing that it has probably been stolen, unless the property is received with the intent to restore it to its owner. Receiving stolen property is prosecuted as a theft offense and may carry penalties comparable to those imposed on the individual accused of committing the original theft.

How Theft Offenses Are Graded

Pennsylvania generally grades theft offenses according to the value of the property involved, although certain types of property and specific circumstances can substantially increase the grading regardless of value. As a general rule:

Property valued at less than $50 is typically graded as a third-degree misdemeanor, absent circumstances that increase the grading.
Property valued at $50 to less than $200 is generally a second-degree misdemeanor.
Property valued at $200 to less than $2,000 is generally a first-degree misdemeanor.
Property valued at $2,000 or more is generally a third-degree felony.

The corresponding maximum penalties include:

Second-degree misdemeanor: Up to 2 years’ imprisonment and a fine of up to $5,000.
First-degree misdemeanor: Up to 5 years’ imprisonment and a fine of up to $10,000.
Third-degree felony: Up to 7 years’ imprisonment and a fine of up to $15,000.

These are the general grading provisions established by 18 Pa. C.S. § 3903. Numerous exceptions and enhancements apply depending on the nature of the property involved.

Certain Theft Offenses Carry More Serious Penalties

Some theft offenses are graded more severely regardless of the monetary value of the property. For example, theft is generally graded as a second-degree felony when the property stolen is a firearm or when certain thefts occur during a declared emergency or disaster. A second-degree felony is punishable by up to 10 years’ imprisonment and a fine of up to $25,000.

Pennsylvania law also provides that receiving a stolen firearm while engaged in the business of buying or selling stolen property may constitute a first-degree felony, carrying a maximum sentence of 20 years’ imprisonment and a fine of up to $25,000.

Because grading can become highly technical, an experienced defense attorney can evaluate whether prosecutors have properly classified the offense.

Fighting Theft Charges in Philadelphia

An arrest does not mean the Commonwealth can obtain a conviction. Prosecutors must prove every required element beyond a reasonable doubt, including that the defendant possessed the criminal intent required by the applicable statute. Potential defenses vary depending on the allegations but may include, for example:

Lack of intent to steal.
Consent from the owner.
Mistaken identity.
Ownership disputes.
Duress.
Entrapment.
Insufficient evidence.
Constitutional violations during the investigation.

For example, an individual may honestly believe they had permission to possess or use certain property. In other situations, surveillance footage may not clearly identify the alleged offender, or witnesses may provide conflicting accounts. Every theft case requires an individualized defense strategy based on the available evidence.

Former Prosecutors Providing Experienced Representation

The criminal defense attorneys at Young, Marr, Mallis & Associates include former prosecutors who understand how theft cases are investigated and prosecuted in Philadelphia. We know how prosecutors evaluate surveillance footage, interview witnesses, analyze financial records, and attempt to establish criminal intent. Our attorneys carefully review every piece of evidence, identify weaknesses in the Commonwealth’s case, and pursue every available legal defense. Whether your case is resolved through negotiation or trial, we are committed to protecting your rights and your future.

Frequently Asked Questions

Can I be charged with theft if I never actually took someone else’s property?

Yes. Pennsylvania recognizes many theft-related offenses that do not involve physically taking property. Depending on the circumstances, prosecutors may pursue charges such as theft by deception, theft of services, theft by extortion, or receiving stolen property.

What is receiving stolen property?

Under 18 Pa. C.S. § 3925, receiving stolen property generally means intentionally receiving, retaining, or disposing of property knowing—or believing—that it was probably stolen. A person may face criminal charges even if someone else committed the original theft.

Does the value of the property affect the seriousness of a theft charge?

Yes. In many cases, Pennsylvania grades theft offenses based largely on the value of the property involved. However, certain types of property, such as firearms, or particular circumstances may result in felony charges regardless of the item’s value.

Can theft charges be dismissed if I intended to return the property?

Possibly. Intent is an important element in many theft prosecutions. Depending on the facts, evidence showing that you lacked the intent to permanently deprive the owner of the property may be relevant to your defense. Every case should be evaluated individually by an experienced criminal defense attorney.

Should I speak with police if they accuse me of theft?

Not before consulting with an attorney. Even if you believe the situation is a misunderstanding, statements made during a theft investigation may later be used as evidence against you. An experienced defense lawyer can advise you regarding your rights and begin protecting your interests immediately.

Call Young, Marr, Mallis & Associates for a Free Consultation

If you have been arrested or are under investigation for a theft offense in Philadelphia, do not wait to seek experienced legal representation. A theft conviction can have lasting consequences, but an arrest does not mean a conviction is inevitable. At Young, Marr, Mallis & Associates, our former prosecutors and experienced criminal defense attorneys are prepared to challenge the evidence, protect your rights, and fight for the best possible outcome. We are available 24 hours a day, 7 days a week to help. Call today for a free consultation and let us begin protecting your rights, your freedom, and your future.