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Theft by unlawful taking is a charge that strikes directly at your character. A conviction creates a permanent criminal record of dishonesty, which can instantly disqualify you from employment opportunities, professional licensing, and housing. In Bucks County, police and prosecutors aggressively pursue theft charges, whether the incident involves a misunderstanding over property ownership or a momentary lapse in judgment.

If you have been charged with theft by unlawful taking in Bucks County, you need an aggressive defense strategy to protect your reputation and your freedom. The defense attorneys at SKA Law Group understand the nuances of Pennsylvania theft laws. We know how to challenge the prosecution’s valuation of the property, dispute intent, and fight for dismissals or diversionary programs that keep your record clean.

What is Theft by Unlawful Taking in Pennsylvania?

Under Pennsylvania law (18 Pa.C.S. § 3921), theft by unlawful taking is defined as unlawfully taking or exercising control over the property of another person with the intent to deprive them of it. The statute covers two distinct types of property:

Movable Property: This includes physical items like cash, electronics, jewelry, or vehicles. You can be charged if you unlawfully take the property or exercise unlawful control over it with the intent to permanently deprive the owner.
Immovable Property: This typically involves real estate or financial assets (such as transferring a deed or stock ownership without authorization). You can be charged if you unlawfully transfer or exercise control over immovable property to benefit yourself or someone else who is not entitled to it.

Theft by Unlawful Taking vs. Retail Theft

It is important to distinguish theft by unlawful taking from retail theft (shoplifting). Retail theft specifically involves taking merchandise from a store or retail establishment without paying full retail value. Theft by unlawful taking is a broader charge that applies to stealing from individuals, employers, or private property. While both are serious offenses, the defense strategies and potential diversionary options can differ.

Penalties and Grading for Theft in Bucks County

The severity of a theft by unlawful taking charge in Pennsylvania is directly tied to the value of the property stolen and, in some cases, the type of property. The grading tiers under 18 Pa.C.S. § 3903 are as follows:

Summary Offense: Property valued at less than $50. Punishable by up to 90 days in jail and a $300 fine.
Third-Degree Misdemeanor (M3): Property valued between $50 and $199. Punishable by up to 1 year in prison and a $2,500 fine.
Second-Degree Misdemeanor (M2): Property valued between $200 and $1,999. Punishable by up to 2 years in prison and a $5,000 fine.
First-Degree Misdemeanor (M1): Applies if the theft involves force, threat, or a breach of fiduciary duty. Punishable by up to 5 years in prison and a $10,000 fine.
Third-Degree Felony (F3): Property valued between $2,000 and $99,999, or if the stolen property is a motor vehicle (car, motorcycle, boat). Punishable by up to 7 years in prison and a $15,000 fine.
Second-Degree Felony (F2): If the stolen property is a firearm (and the defendant is not in the business of selling firearms). Punishable by up to 10 years in prison and a $25,000 fine.
First-Degree Felony (F1): Property valued at $500,000 or more, or stealing a firearm while in the business of buying/selling firearms. Punishable by up to 20 years in prison and a $25,000 fine.

Defending Against Theft Charges in Bucks County

A theft charge does not mean the prosecution has enough evidence to convict you. At SKA Law Group LLC, we utilize several defense strategies to fight theft by unlawful taking charges:

Lack of Intent: To secure a conviction, the prosecution must prove you intended to permanently deprive the owner of the property. If you borrowed the item with the intent to return it, or if you mistakenly believed the property belonged to you, the intent element cannot be met.
Challenging the Valuation: Because the penalties are tied to the property’s value, we aggressively challenge the prosecution’s valuation. By proving the property is worth less than claimed, we can often force a felony charge to be downgraded to a misdemeanor.
Insufficient Evidence of Taking: Merely possessing stolen property does not prove you were the one who took it. If there are no eyewitnesses or surveillance footage showing you actually stealing the item, the charge of theft by unlawful taking may be dismissed.
Diversionary Programs (ARD): For first-time offenders facing misdemeanor theft charges, we can often negotiate entry into the Accelerated Rehabilitative Disposition (ARD) program. Upon successful completion of probation and restitution, the charges are dismissed and your arrest record can be expunged.