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Retail theft is aggressively prosecuted in Philadelphia. While many people assume shoplifting is a minor offense that results in a slap on the wrist, the reality is far more serious. Depending on the value of the items and whether you have prior convictions, a retail theft charge in Pennsylvania can easily escalate from a summary offense to a third-degree felony.

The SKA Law Group defense attorneys understand that retail theft charges often stem from misunderstandings, temporary lapses in judgment, or false accusations by aggressive security. We are dedicated to protecting your rights, keeping your record clean, and fighting to prevent a single mistake from derailing your future.

What Constitutes Retail Theft in Pennsylvania?

Under 18 Pa.C.S. § 3929, retail theft covers much more than simply walking out of a with unpaid merchandise. You can be charged and convicted of retail theft in Philadelphia for any of the following actions:

Taking Merchandise: Removing items from a without paying full retail value.
Concealing Merchandise: Hiding items on your person, in a bag, or among your belongings with the intent to steal them, even if you have not yet left the
Altering Price Tags: Changing, transferring, or removing price tags or labels to purchase an item for less than its actual price.
Transferring Containers: Moving items from one container to another to avoid paying the full price.
Under-Ringing: Intentionally ringing up items at a cash register for less than their full retail value.
Destroying Security Tags: Removing or destroying inventory control tags or security strips.

How Retail Theft Charges are Graded in Pennsylvania

Pennsylvania law classifies retail theft based on two primary factors: the value of the stolen merchandise and your prior criminal record for retail theft.

Summary Offense: First offense, and the merchandise value is less than $150. (Punishable by up to 90 days in jail and a $300 fine).
Second-Degree Misdemeanor: Second offense, and the merchandise value is less than $150. (Punishable by up to 2 years in prison and a $5,000 fine).
First-Degree Misdemeanor: First or second offense, and the merchandise value is $150 or more. (Punishable by up to 5 years in prison and a $10,000 fine).
Third-Degree Felony: Third or subsequent offense (regardless of the item’s value), OR if the merchandise value exceeds $1,000, OR if the stolen item is a firearm or a motor vehicle. (Punishable by up to 7 years in prison and a $15,000 fine).

Defending Against Retail Theft Charges

Because retail theft often relies on surveillance footage, loss prevention officer testimony, and receipts, an experienced attorney can employ several effective defense strategies:

Lack of Intent: Proving that you simply forgot to pay, were distracted, or accidentally placed an item in your bag without the intent to steal.
Challenging the Evidence: Forcing the prosecution to produce the actual surveillance footage and challenging its quality, or highlighting the failure of the to properly preserve video evidence.
Diversionary Programs: For first-time offenders in Philadelphia, we can often negotiate entry into diversionary programs (like the Accelerated Rehabilitative Disposition or ARD program). Successful completion of these programs results in the charges being dismissed and your record expunged without a guilty plea.

Philadelphia Retail Theft (Shoplifting) – FAQs

Q: What happens if you get caught shoplifting in Philadelphia?

A: If caught shoplifting, security will likely detain you and call the Philadelphia police. You will be arrested, processed, and formally charged. Even for minor offenses, you will be required to appear in court, and you may face fines, restitution to the, and potential jail time. You should immediately invoke your right to remain silent and contact an attorney.

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

A: Yes. Even an arrest for a summary offense retail theft will appear on criminal background checks conducted by employers, landlords, and licensing boards. Because theft is considered a crime of “moral turpitude” (involving dishonesty), it can severely impact your ability to find employment, especially in retail, finance, or healthcare.

Q: Can retail theft charges be expunged in Pennsylvania?

A: Yes, under certain conditions. If your charges are dismissed, withdrawn, or you are found not guilty, your attorney can immediately petition for an expungement. If you complete a diversionary program like ARD, the charges can be expunged. Summary convictions can be expunged after five years of a clean record. Misdemeanor and felony convictions generally cannot be expunged unless you receive a Governor’s Pardon.

Q: What are the penalties for a first-offense retail theft in Pennsylvania?

A: The penalties for a first offense depend entirely on the value of the merchandise. If the value is under $150, it is a summary offense (up to 90 days in jail and a $300 fine). If the value is $150 or more, it becomes a first-degree misdemeanor (up to 5 years in prison and a $10,000 fine). If the value exceeds $1,000, it is automatically a third-degree felony.

Q: How much does a Philadelphia retail theft attorney charge?

A: The cost varies depending on whether the charge is a summary offense, misdemeanor, or felony, and whether the case can be resolved through a diversionary program or requires a full trial. Because a theft conviction carries a permanent stigma of dishonesty that can ruin your career, investing in a skilled private defense attorney is crucial to protecting your future.

Contact SKA Law Group Today

If you or a loved one has been charged with retail theft in Philadelphia, do not let a single mistake dictate the rest of your life. The dedicated team at SKA Law Group is ready to review the evidence against you, negotiate with prosecutors, and fight to keep your record clean.