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A charge of theft by unlawful taking in Philadelphia is much more than a simple misunderstanding. It is a serious criminal offense that attacks your character, labeling you as untrustworthy in the eyes of the law, future employers, and your community. A conviction can result in significant jail time, heavy fines, and a permanent criminal record that will follow you for the rest of your life.
The defense attorneys at SKA Law Group know that good people can make mistakes or find themselves falsely accused. We are dedicated to providing an aggressive, strategic defense to protect your rights, challenge the prosecution’s valuation of the property, and fight to keep your record clean.
What is Theft by Unlawful Taking Under Pennsylvania Law?
Under Pennsylvania’s Crimes Code (18 Pa.C.S. § 3921), theft by unlawful taking or disposition occurs when a person:
1. Movable Property: Unlawfully takes, or exercises unlawful control over, movable property of another with the intent to deprive them of it permanently.
2. Immovable Property: Unlawfully transfers, or exercises unlawful control over, immovable property (such as real estate or financial assets) of another with the intent to benefit themselves or someone not entitled to it.
Theft vs. Robbery:
It is important to understand the difference between theft and robbery. Theft involves taking property without permission. Robbery (18 Pa.C.S. § 3701) involves taking property during which the actor inflicts, threatens, or puts the victim in fear of immediate bodily injury. Because robbery involves the use or threat of physical force, it is always graded as a felony and carries much harsher penalties than a standard theft charge.
Penalties and Grading for Theft in Pennsylvania
In Pennsylvania, the severity of a theft charge is determined primarily by the value of the stolen property and the type of property involved (18 Pa.C.S. § 3903). The penalties range from summary offenses to first-degree felonies:
Summary Offense: Property valued under $50. Punishable by up to 90 days in jail and a $300 fine.
Third-Degree Misdemeanor: Property valued between $50 and $199.99. Punishable by up to 1 year in jail and a $2,500 fine.
Second-Degree Misdemeanor: Property valued between $200 and $1,999.99. Punishable by up to 2 years in prison and a $5,000 fine.
First-Degree Misdemeanor: Property taken from a person, by threat, or in breach of fiduciary obligation. Punishable by up to 5 years in prison and a $10,000 fine.
Third-Degree Felony: Property valued between $2,000 and $99,999.99, or the theft of an automobile, motorcycle, or motorboat. Punishable by up to 7 years in prison and a $15,000 fine.
Second-Degree Felony: Property valued between $100,000 and $499,999.99, or the theft of a firearm (not in the business of buying/selling). Punishable by up to 10 years in prison and a $25,000 fine.
First-Degree Felony: Property valued at $500,000 or more, or the theft of a firearm by someone in the business of buying/selling stolen property. Punishable by up to 20 years in prison and a $25,000 fine.
Defending Against Theft Charges in Philadelphia
At SKA Law Group, we do not let the prosecution dictate the narrative. We employ robust defense strategies, including:
Lack of Intent: The prosecution must prove you intended to permanently deprive the owner of the property. If you borrowed the item, mistakenly believed it belonged to you, or intended to return it, you lack the requisite criminal intent.
Challenging Valuation: Because the grading of the offense is tied directly to the property’s value, we aggressively challenge the prosecution’s valuation. If we can prove the property was worth less than $2,000, a felony charge can be reduced to a misdemeanor.
Pre-Trial Diversion Programs: For first-time offenders facing misdemeanor charges, we frequently negotiate admission into diversionary programs like the Accelerated Misdemeanor Program (AMP) or Accelerated Rehabilitative Disposition (ARD), which can result in the charges being dismissed and expunged upon completion.
Philadelphia Theft by Unlawful Taking – FAQs
Q: What happens if you are charged with theft by unlawful taking in Pennsylvania?
A: If you are charged, you will be arrested, processed, and given a preliminary arraignment where bail is set. Depending on the value of the property, your case will either be scheduled for a trial in Municipal Court (for misdemeanors) or a preliminary hearing (for felonies). It is critical to hire a defense attorney immediately to begin building your defense and exploring diversionary options.
Q: Can theft by unlawful taking charges be dropped in Pennsylvania?
A: Yes. Charges can be dropped or dismissed if your attorney can show that the police conducted an illegal search and seizure, if the prosecution cannot prove that you were the person who took the property, or if you successfully complete a first-offender diversionary program like ARD or AMP.
Q: Can a theft conviction be expunged in Pennsylvania?
A: If you are convicted of a misdemeanor or felony theft charge, it generally cannot be expunged unless you receive a Governor’s Pardon. However, summary theft convictions can be expunged after five years of a clean record. If your charges are dismissed, withdrawn, or you complete a diversionary program, the arrest record can be completely expunged.
Q: What are common mistakes to avoid when charged with theft in Philadelphia?
A: The biggest mistake is speaking to the police or the property owner without an attorney present. Do not attempt to explain yourself, apologize, or offer to return the property or pay for it, as this will be used as an admission of guilt in court. Always invoke your right to remain silent.
Q: How much does a theft defense attorney cost in Philadelphia?
A: The cost varies depending on whether you are facing a summary offense, a misdemeanor, or a felony, and whether the case can be resolved through a diversionary program or requires a full trial. Because a theft conviction creates a permanent record of dishonesty that can ruin your career, hiring an experienced private defense attorney is a necessary investment in your future.
