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Being accused of theft is an incredibly stressful experience that can jeopardize your career, your reputation, and your freedom. For people in Pennsylvania facing criminal charges or who have been arrested and in need of legal defense, understanding the exact nature of the allegations is critical. At SKA Law Group, we know what it really feels like to be arrested for theft in Allentown PA. Theft by Unlawful Taking is considered a “crimen falsi” (crime of dishonesty), meaning a conviction will follow you for the rest of your life. We are here to help you fight back.

What is Theft by Unlawful Taking in Lehigh County Pennsylvania?

Under Pennsylvania law (18 Pa.C.S. § 3921), Theft by Unlawful Taking occurs when a person unlawfully takes, or exercises unlawful control over, movable property of another with the intent to deprive them of it. It can also apply to immovable property if a person unlawfully transfers it with the intent to benefit themselves or someone else not entitled to it.

What is the difference between theft by unlawful taking and retail theft in Pennsylvania? Retail theft (shoplifting) specifically involves taking merchandise from a retail store without paying full retail value. Theft by Unlawful Taking is a broader charge that covers stealing from an employer, taking a bicycle from a yard, or keeping property you know belongs to someone else. Both are serious, but Theft by Unlawful Taking often involves more complex disputes over ownership and intent.

Lehigh County Theft by Unlawful Taking Penalties and Sentencing Guidelines

The penalties for theft in Pennsylvania depend almost entirely on the value of the property taken and the type of property involved. The grading ranges from a minor misdemeanor to a severe felony.

Here are the Lehigh County theft by unlawful taking penalties and sentencing guidelines based on value:

• First-Degree Felony (F1): $500,000 or more. Up to 20 years in prison.
• Second-Degree Felony (F2): $100,000 to $499,999; or if the item is a firearm or anhydrous ammonia. Up to 10 years in prison.
• Third-Degree Felony (F3): Exceeds $2,000; or if the item is an automobile, airplane, motorcycle, or motorboat. Up to 7 years in prison.
• First-Degree Misdemeanor (M1): $200 to $1,999; or if taken from the person, by threat, or in breach of fiduciary obligation. Up to 5 years in prison.
• Second-Degree Misdemeanor (M2): $50 to $199. Up to 2 years in prison.
• Third-Degree Misdemeanor (M3): Less than $50. Up to 1 year in prison.

Many people ask why the threshold for felony theft in Pennsylvania is outdated and unfair. The $2,000 threshold for a felony was set decades ago and has not kept pace with inflation. Today, stealing a moderately priced laptop or a used vehicle easily triggers a felony charge. This is why prosecutors pursue theft by unlawful taking as a felony vs misdemeanor in Pennsylvania so frequently—the low financial bar gives them massive leverage during plea negotiations.

What Happens at a Theft Arraignment in Lehigh County Court

What happens at a theft arraignment in Lehigh County court sets the tone for your entire case. During the preliminary arraignment, the Magisterial District Judge will read the charges against you and set bail. If the charges are severe (like a felony), bail could be substantial.

Following the arraignment, a preliminary hearing will be scheduled. This is the first opportunity for your defense attorney to challenge the prosecution’s evidence. The Commonwealth must establish a “prima facie” case—meaning they must show that a crime was likely committed and that you likely committed it. Having a skilled attorney at this stage is crucial to prevent the prosecution from easily moving the case to the Court of Common Pleas.

How to Fight Theft by Unlawful Taking Charges in Lehigh County

How to fight theft by unlawful taking charges in Lehigh County involves a meticulous review of the evidence. At SKA Law Group, we look for every weakness in the prosecution’s case. We challenge the valuation of the property—if we can prove the item was worth $1,900 instead of $2,100, a felony charge drops to a misdemeanor.

We also attack the element of intent. Did you actually intend to deprive the owner of the property permanently, or was it a misunderstanding over borrowed property? We have true stories of people beating theft charges in Lehigh County Pennsylvania because we demonstrated that the accused reasonably believed they had permission to take the item.

You might wonder why hiring a public defender for theft charges in Lehigh County is a gamble. Public defenders are hardworking, but they are often overwhelmed with massive caseloads. They simply do not have the time to conduct independent valuations or track down exculpatory witnesses. To protect your future, you need the best criminal defense attorneys for theft charges in Lehigh County PA who can dedicate the necessary resources to your defense.

The Long-Term Impact: Background Checks and Your Future

Will a theft by unlawful taking charge show on my background check in Pennsylvania? Yes. A conviction, and even an arrest, will appear on criminal background checks. Because theft is a crime of dishonesty (crimen falsi), employers, landlords, and professional licensing boards view it very harshly. It can prevent you from getting a job, securing housing, or obtaining a professional license.

Do not fall for common myths about theft charges in Pennsylvania that defendants believe, such as “if I return the item, they will drop the charges.” Returning the item does not erase the crime in the eyes of the law. My honest take on how Lehigh County judges handle first-time theft offenders is that while they may be open to diversionary programs like ARD (Accelerated Rehabilitative Disposition), they will not hand out leniency automatically. You must fight for it.

Contact SKA Law Group Today

Do not let a theft charge ruin your life. If you are facing theft by unlawful taking charges, you need immediate, aggressive legal representation. Contact SKA Law Group today to schedule a consultation and start building your defense.

Frequently Asked Questions

Q: What is theft by unlawful taking in Lehigh County Pennsylvania?
A: Theft by Unlawful Taking (18 Pa.C.S. § 3921) occurs when someone unlawfully takes or exercises control over another person’s movable property with the intent to deprive them of it. It is a broad charge covering everything from stealing a bicycle to taking money from an employer.

Q: What are the Lehigh County theft by unlawful taking penalties and sentencing guidelines?
A: Penalties are based on the property’s value. Stealing less than $50 is a third-degree misdemeanor (up to 1 year in jail). Stealing more than $2,000, or stealing a vehicle or firearm, elevates the charge to a felony, carrying up to 7, 10, or even 20 years in prison depending on the specifics.

Q: Difference between theft by unlawful taking and retail theft in Pennsylvania?
A: Retail theft (shoplifting) specifically involves taking merchandise from a store without paying full value during business hours. Theft by Unlawful Taking is a broader statute that covers stealing property in non-retail settings, such as taking items from a home, a yard, or an employer.

Q: Will a theft by unlawful taking charge show on my background check in Pennsylvania?
A: Yes. Arrests and convictions for theft will appear on background checks. Because theft is considered a “crimen falsi” (a crime of dishonesty), it can severely impact your ability to find employment, secure housing, or obtain professional licenses.

Q: Why prosecutors pursue theft by unlawful taking as a felony vs misdemeanor in Pennsylvania?
A: The threshold for felony theft is only $2,000. Because this amount has not been updated for inflation, many relatively minor thefts easily cross the felony line. Prosecutors pursue these felony charges because it gives them significant leverage to force a plea deal.

Q: What happens at a theft arraignment in Lehigh County court?
A: At the preliminary arraignment, the Magisterial District Judge formally advises you of the charges against you and sets bail. A date for your preliminary hearing will also be scheduled, which is your first opportunity to challenge the prosecution’s evidence.