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Retail theft, commonly known as shoplifting, is aggressively prosecuted in Montgomery County. Whether you are accused of taking a high-end electronic device from the King of Prussia Mall or under-ringing items at a local grocery store, the consequences of a conviction can be devastating. A retail theft conviction creates a permanent criminal record for a “crimen falsi” (crime of dishonesty), which can ruin your career, damage your reputation, and severely limit your future opportunities.
At SKA Law Group, our experienced criminal defense attorneys understand that good people make mistakes, and innocent people are sometimes falsely accused by overzealous loss prevention officers. We have over 25 years of combined experience fighting tough cases in Pennsylvania. We will aggressively challenge the evidence, negotiate with prosecutors, and fight to protect your freedom and your future.
Understanding Retail Theft in Pennsylvania (18 Pa.C.S. § 3929)
Under Pennsylvania law, retail theft is much broader than simply walking out of a store without paying. You can be charged with retail theft if you:
Take possession of merchandise with the intent to deprive the merchant of its full retail value.
Alter or remove price tags or labels to purchase an item for less than its actual price.
Transfer merchandise from one container to another to avoid paying the full price.
Under-ring merchandise at a cash register or self-checkout.
Destroy or remove security tags or inventory control devices.
Crucially, the law includes a “presumption of intent.” If you intentionally conceal unpurchased merchandise on your person or among your belongings, either inside or outside the store, the law presumes you intended to steal it.
Penalties and Grading for Retail Theft
The severity of a retail theft charge in Pennsylvania depends on two factors: the value of the merchandise and your prior criminal record for retail theft.
Summary Offense
When: First offense AND the merchandise value is less than $150.
Penalties: Up to 90 days in jail and a $300 fine.
Misdemeanor of the Second Degree (M2)
When: Second offense AND the merchandise value is less than $150.
Penalties: Up to 2 years in prison and a $5,000 fine.
Misdemeanor of the First Degree (M1)
When: First or second offense AND the merchandise value is $150 or more.
Penalties: Up to 5 years in prison and a $10,000 fine.
Felony of the Third Degree (F3)
When: Third or subsequent offense (regardless of value), OR the merchandise value exceeds $1,000, OR the stolen item is a firearm or motor vehicle.
Penalties: Up to 7 years in prison and a $15,000 fine.
How SKA Law Group Defends Retail Theft Charges
A retail theft charge does not have to ruin your life. Our attorneys employ aggressive defense strategies tailored to the specific facts of your case:
Challenging the Evidence: We scrutinize surveillance footage, witness statements, and the actions of store loss prevention officers. If the evidence is weak or circumstantial, we fight for a dismissal.
Lack of Intent: Mistakes happen. Forgetting an item in the bottom of a shopping cart or being distracted while using self-checkout is not a crime if there was no intent to steal.
Challenging the Valuation: Because the grading of the offense is tied to the value of the merchandise, we demand proof of the actual “full retail value.” If the items were on sale or damaged, we fight to have the charges downgraded.
Diversionary Programs: For eligible first-time offenders, we negotiate fiercely for admission into programs like the Accelerated Rehabilitative Disposition (ARD) program or summary diversion, which can lead to the charges being dismissed and expunged.
Contact a Montgomery County Retail Theft Lawyer Today
Do not let a shoplifting charge define your character or your future. Contact SKA Law Group today to schedule a confidential consultation. We will evaluate your case, explain your options, and build a relentless defense strategy.
