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Retail theft, commonly known as shoplifting, is a charge that Delaware County prosecutors and local police departments take very seriously. Whether an incident occurs at the Springfield Mall, a local Wawa, or a big-box retailer in Media, getting caught shoplifting can quickly escalate from an embarrassing mistake into a life-altering criminal record. Depending on the value of the merchandise and whether you have any prior offenses, a retail theft charge in Pennsylvania can range from a summary offense to a third-degree felony. A conviction creates a permanent record of dishonesty that will appear on background checks, potentially ruining your chances of securing employment, housing, or professional licenses.

If you are facing retail theft charges in Delaware County, you need aggressive legal representation to protect your future. The criminal defense lawyers at SKA Law Group understand how Delaware County courts operate and how to effectively challenge the prosecution’s case. We know how to scrutinize store surveillance footage, cross-examine loss prevention officers, and fight for alternative resolutions like diversionary programs that can keep your record clean.

What is Retail Theft in Pennsylvania?

Under Pennsylvania law (18 Pa.C.S. § 3929), retail theft encompasses much more than simply walking out of a store with unpaid merchandise. You can be charged and convicted of retail theft if you intentionally commit any of the following acts to deprive a merchant of the full retail value of their goods:

Taking Possession: Taking, carrying away, or transferring any merchandise offered for sale with the intent to steal it.

Concealing Merchandise: Hiding unpurchased merchandise on your person or among your belongings while still inside the store. You do not have to leave the store to be charged with retail theft.

Altering Price Tags: Altering, transferring, or removing any label or price tag in an attempt to purchase the item at a lower price.

Transferring Containers: Moving merchandise from its original container or packaging into a different container to avoid paying the full retail price.

Under-Ringing: Intentionally ringing up merchandise at a cash register or self-checkout kiosk for less than the actual retail price.

Destroying Security Tags: Removing, destroying, or deactivating any inventory control tag or security device used to prevent theft.

Penalties and Grading for Retail Theft in Delaware County

The severity of a retail theft charge in Pennsylvania depends entirely on two factors: the total value of the stolen merchandise and your prior criminal record for retail theft. The grading and penalties are strictly defined:

Summary Offense: Applies if it is a first offense and the merchandise is valued at less than $150. A conviction is punishable by up to 90 days in jail and a $300 fine.

Second-Degree Misdemeanor (M2): Applies if it is a second offense and the merchandise is valued at less than $150. A conviction is punishable by up to 2 years in prison and a $5,000 fine.

First-Degree Misdemeanor (M1): Applies if it is a first or second offense and the merchandise is valued at $150 or more. A conviction is punishable by up to 5 years in prison and a $10,000 fine.

Third-Degree Felony (F3): Applies if it is a third or subsequent offense regardless of the value of the merchandise, if the merchandise value exceeds $1,000, or if the stolen item is a firearm or a motor vehicle. A conviction is punishable by up to 7 years in prison and a $15,000 fine.

Defending Against Retail Theft Charges

A retail theft charge is an accusation, not a conviction. At SKA Law Group, we utilize several defense strategies to fight shoplifting charges in Delaware County:

Lack of Criminal Intent: Retail theft requires the specific intent to steal. If you accidentally placed an item in your bag, forgot an item at the bottom of your cart, or were distracted while checking out, we can argue that there was no criminal intent.

Challenging Store Evidence: We aggressively scrutinize the prosecution’s evidence, including store surveillance footage and loss prevention officer testimony. If the footage is missing, incomplete, or fails to clearly show the alleged act, it can weaken the prosecution’s case significantly.

Diversionary Programs (ARD): For many first-time offenders in Delaware County, we can negotiate entry into the Accelerated Rehabilitative Disposition (ARD) program. If you successfully complete the program requirements, which may include community service and paying restitution, the charges will be dismissed, and you can petition to have your arrest record expunged.

Frequently Asked Questions

What happens when you get caught shoplifting in Delaware County, Pennsylvania?

If you are caught shoplifting, store security or loss prevention officers will likely detain you until local police arrive. The police will investigate the incident, review any surveillance footage, and may arrest you or issue a summons to appear in court. You will be formally charged, fingerprinted, and required to attend a preliminary hearing. It is critical that you invoke your right to remain silent and contact an attorney immediately.

Will a retail theft charge show up on my background check in Pennsylvania?

Yes. If you are convicted of retail theft, whether it is a summary offense, misdemeanor, or felony, it will create a permanent criminal record. Because retail theft is considered a crime of dishonesty (crimen falsi), it will show up on background checks and can severely damage your ability to secure employment, housing, or professional licenses.

Can a retail theft charge be expunged in Pennsylvania?

It depends on how the case is resolved. If you are convicted of a misdemeanor or felony, the conviction generally cannot be expunged unless you receive a Governor’s Pardon. Summary convictions can be expunged after five years of remaining arrest-free. However, if your defense attorney successfully gets the charges dismissed, withdrawn, or if you complete a diversionary program like ARD, the arrest record can be completely expunged.

What is the difference between summary and misdemeanor retail theft charges?

The difference lies in the value of the merchandise and your prior record. A summary offense is the lowest level charge, applying only to first-time offenders stealing less than $150 worth of goods, and is handled at the Magisterial District Court level. A misdemeanor charge applies if the value is $150 or more, or if it is your second offense, and carries significantly harsher penalties, including the potential for years in county jail or state prison.

How much does a retail theft lawyer cost in Delaware County, PA?

The cost varies depending on the grading of the charge (summary, misdemeanor, or felony), the complexity of the evidence, and whether the case can be resolved through a diversionary program or requires a full trial. Because a retail theft conviction carries a permanent stigma of dishonesty that can ruin your career, hiring an experienced private defense attorney is a necessary investment in your future.

Contact SKA Law Group Today

If you or a loved one has been charged with retail theft in Delaware County, time is of the essence. Do not attempt to explain the situation to the police or store security. Contact SKA Law Group today to schedule a confidential consultation. Our dedicated defense attorneys will review the facts of your case, explain your options, and build a relentless defense to protect your freedom and your future.