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Theft by unlawful taking is one of the most common property crimes prosecuted in Montgomery County, Pennsylvania. However, its frequency does not diminish its severity. A conviction for theft by unlawful taking can range from a minor misdemeanor to a serious felony, carrying the potential for significant jail time, steep fines, and mandatory restitution. Beyond the immediate criminal penalties, a theft conviction creates a permanent criminal record that acts as a red flag to future employers, landlords, and professional licensing boards, branding you as untrustworthy.

If you have been accused of theft in Montgomery County, you need a defense strategy that challenges the prosecution’s evidence at every turn. At SKA Law Group, our experienced criminal defense attorneys understand how to dismantle theft cases in the Montgomery County Court of Common Pleas. We scrutinize the alleged value of the property, challenge the evidence of your intent, and fight to protect your freedom and your reputation.

Understanding Theft by Unlawful Taking (18 Pa.C.S. § 3921)

Under Pennsylvania law, a person is guilty of theft by unlawful taking if they unlawfully take, or exercise unlawful control over, the movable property of another person with the intent to deprive them of it.

To secure a conviction, the Montgomery County District Attorney must prove two critical elements beyond a reasonable doubt:
1. The Act: You took or exercised control over someone else’s property without their permission.
2. The Intent: At the time you took the property, you intended to permanently deprive the owner of it.

If the prosecution cannot prove that you intended to keep the property—for example, if you were borrowing it, or if you genuinely believed the property belonged to you—the charge of theft by unlawful taking cannot stand.

Grading and Penalties for Theft in Pennsylvania (18 Pa.C.S. § 3903)

Unlike robbery, which is graded based on the use of force, theft by unlawful taking is primarily graded based on the value of the stolen property or the specific type of property involved. The burden of proving the property’s value rests entirely on the prosecution.

Felony Theft Charges

Theft is graded as a felony when the value of the property is high, or when specific items are stolen, regardless of their value.
First-Degree Felony (F1): Applies if the amount involved is $500,000 or more. Punishable by up to 20 years in prison.
Second-Degree Felony (F2): Applies if the amount is between $100,000 and $500,000, or if the stolen property is a firearm or anhydrous ammonia. Punishable by up to 10 years in prison.
Third-Degree Felony (F3): Applies if the amount exceeds $2,000, or if the stolen property is an automobile, motorcycle, or motorboat. Punishable by up to 7 years in prison.

Misdemeanor Theft Charges

If the property value is lower and no specific statutory escalators apply, theft is graded as a misdemeanor.
First-Degree Misdemeanor (M1): Applies if the amount is $200 or more but less than $2,000. Punishable by up to 5 years in prison.
Second-Degree Misdemeanor (M2): Applies if the amount is $50 or more but less than $200. Punishable by up to 2 years in prison.
Third-Degree Misdemeanor (M3): Applies if the amount is less than $50. Punishable by up to 1 year in prison.

Defense Strategies for Theft Charges

At SKA Law Group, we employ aggressive, customized defense strategies for our clients facing theft charges in Montgomery County. Common defenses include:

Challenging the Valuation: The prosecution often inflates the value of stolen goods to secure a felony charge. We fight to prove the actual market value is lower, which can force the downgrade of a felony to a misdemeanor.
Lack of Intent: If you accidentally walked away with someone else’s property, or if you believed you had a legitimate claim of right to the item, you did not possess the required criminal intent to commit theft.
Consent: If the owner gave you permission to take or use the property, there is no unlawful taking. We gather text messages, emails, and witness statements to prove consent.
First-Time Offender Programs: For clients with no prior criminal record, we aggressively negotiate for admission into diversionary programs like Accelerated Rehabilitative Disposition (ARD), which can result in the charges being dismissed and expunged upon completion.

Contact SKA Law Group Today

A theft charge threatens your freedom and your future livelihood. Do not face the Montgomery County criminal justice system alone. Contact SKA Law Group today to schedule a confidential consultation. We will evaluate the evidence against you and build a robust defense strategy to protect your rights.