Theft offenses are taken seriously in Pennsylvania, so understanding the charges being brought against you and the potential consequences of a conviction is important. To learn more about larceny and its associated penalties, read on and work with a Montgomery County theft lawyer today.
What is Larceny in PA?
In Pennsylvania, larceny is generally described as the crime of theft without the use of physical force or weapons. Under Title 51 § 6042 of Pennsylvania Consolidated Statutes, larceny and the wrongful appropriation of property are defined as follows.
“Any person subject to this part who, while in a duty status, wrongfully takes, obtains or withholds by any means whatever from the possession of the true owner or of any other person any money, personal property or article of value of any kind:
- with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate the same to his own use or the use of any person other than the true owner, steals such property and is guilty of larceny; or
- with intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate the same to his own use or the use of any person other than the true owner, is guilty of wrongful appropriation.”
When an individual takes, obtains, or withholds another person’s property with the intent to permanently deprive them of the item, it is considered the criminal act of larceny.
What Are the Penalties for Larceny in PA?
If you are facing criminal charges for larceny, it is important to fully understand the legal process and potential outcomes, including the penalties associated with a conviction. Theft and larceny punishments vary significantly depending on the details of the circumstances and the value of the property involved.
Larceny is a wobbler, meaning it can be charged as a misdemeanor or felony depending on the specific situation. The definition of each degree of theft charge and its associated penalties are as follows.
Third-degree misdemeanor:
- The value of the property is less than $50
- Fines up to $5,000
- Up to 90 days of imprisonment
Second-degree misdemeanor:
- The value of the property is between $50 and $200
- Fines up to $5,000
- Up to 2 years of imprisonment
First-degree misdemeanor:
- Any other type of theft not considered a felony, given that the property was not taken from the person’s person or by threat
- Fines up to $10,000
- Up to 5 years of imprisonment
Third-degree felony:
- The property is an automobile, airplane, motorcycle, motorboat, or other motor vehicle and the individual is in the business of buying or selling stolen property, or the value of the property is greater than $2,000
- Fines up to $15,000
- Up to 7 years of imprisonment
Second-degree felony:
- The offense is committed during a natural or manmade disaster, the property involved is a firearm, the property involved is anhydrous ammonia, or the value of the property is between $100,000 and $500,000
- Fines up to $25,000
- Up to 10 years of imprisonment
First-degree felony:
- The property involved is a firearm and the individual is in the business of buying or selling stolen property, or the value of the property is over $500,000
- Fines up to $25,000
- Up to 20 years of imprisonment
If you are facing larceny charges, reach out to an experienced criminal defense attorney for skilled legal advice today.