Shoplifting is a common issue retailers face across the country. If you have been arrested for retail theft it is crucial that you understand your rights as well as the charges you may face as a result. Shoplifting can be charged as a felony in PA depending on the details of the situation. Whether your offense will be considered a misdemeanor or felony depends on several factors. For legal representation and advice during your case, reach out to a Montgomery County theft lawyer and set up a consultation today.

How is Shoplifting Defined in PA?

Under Pennsylvania law, shoplifting includes the following actions.

  • Taking merchandise from a store with the intent to deprive the owner of it and its value
  • Altering or removing a price tag or label to pay a lesser price than it is worth
  • Transferring merchandise from one container to another with the intent to steal it
  • Concealing items with the intent to steal them
  • Damaging a security or inventory control tag
  • Purposefully underringing merchandise for less than its value

Is Shoplifting a Felony?

The classification of shoplifting as either a felony or misdemeanor in PA depends on several factors, but primarily the monetary value of the items stolen. In general, the higher the cost of the goods stolen, the more severe your charges and penalties will be.

Summary offense: Goods valued at less than $150 (first offense)

Second-degree misdemeanor: Goods valued at less than $150 (second offense)

First-degree misdemeanor: Goods valued at $150 or more

Third-degree felony: Goods valued at $1,000 or more OR goods including a firearm or motor vehicle

In addition to the cost of the stolen goods, other factors will dictate the charges you face. Your prior criminal history can have a significant impact on your offense and penalties. For example, regardless of the value of the items, a third or subsequent shoplifting offense will be automatically enhanced to a third-degree felony.

What Are the Penalties for Shoplifting in PA?

The penalties for shoplifting in Pennsylvania depend on your prior offenses and the value of goods stolen.

For a summary offense, you can expect the following penalties:

  • Fines of up to $300
  • Up to 90 days in jail

Second-degree misdemeanor:

  • Fines of up to $5,000
  • Up to 2 years in jail

First-degree misdemeanor:

  • Fines of up to $10,000
  • Up to 5 years in jail

Third-degree felony:

  • Fines of up to $15,000
  • Up to 7 years in jail

The penalties for shoplifting can be severe, especially when aggravating factors are present such as prior offenses, the use of force or threats, excessive amounts of merchandise stolen, etc.

Because of the severity of the potential consequences, it is crucial that you are adequately represented during your shoplifting case. Reach out to Cohen & Patel today to set up a consultation and obtain skilled representation.