Shoplifting, commonly referred to as retail theft, is a serious offense in Pennsylvania that can carry significant legal and personal consequences. If you or someone you love has been accused of shoplifting in Philadelphia, understanding the law, potential penalties, and defense options is critical. This guide breaks down what you need to know about retail theft charges and the importance of securing skilled legal representation.
What Constitutes Retail Theft in Pennsylvania?
Under Pennsylvania law, retail theft occurs when an individual intentionally deprives a merchant of the full value of their goods without proper payment. The Pennsylvania Consolidated Statutes (Title 18 § 3929) outline several actions that qualify as retail theft, including:
- Taking merchandise from a store without paying.
- Altering or removing price tags to pay less than the actual value.
- Transferring items into another container with the intent to avoid paying full price.
- Under-ringing merchandise at self-checkout kiosks.
- Failing to pay for items or services consumed on the premises, such as dining at a restaurant without settling the bill.
These actions, even if they seem minor, can result in criminal charges.
Potential Consequences of Shoplifting Charges in Philadelphia
First Offense
- Merchandise valued at less than $150: Summary offense, punishable by up to 90 days in jail and a fine of up to $300.
- Merchandise valued between $150 and $2,000: Misdemeanor of the first degree, punishable by up to five years in prison and a fine.
- Merchandise valued at $2,000 or more, or theft involving a firearm or motor vehicle: Felony of the third degree, carrying up to seven years in prison and substantial fines.
Second Offense
- Merchandise valued at less than $150: Misdemeanor of the second degree, punishable by up to two years in prison and fines.
- Merchandise valued between $150 and $2,000: Misdemeanor of the first degree.
- Merchandise valued at $2,000 or more: Felony of the third degree.
Third and Subsequent Offenses
Regardless of the value of the stolen goods, third and subsequent retail theft charges are treated as felonies of the third degree. Penalties include up to seven years in prison and significant fines.
Additionally, individuals may face civil penalties, such as restitution to the retailer for the value of the merchandise and legal fees.
Understanding Aggravating Factors in Retail Theft Cases
Several factors can escalate retail theft charges, including:
- Use of Tools: Possessing items like security tag removers or bags designed to block sensors.
- Conspiracy: Acting with others to execute a theft plan.
- Assault or Resistance: Threatening or harming store employees during the act.
These aggravating circumstances can lead to enhanced penalties, including additional charges for related offenses such as conspiracy or assault.
Building a Defense Against Retail Theft Charges
Facing shoplifting charges doesn’t automatically mean conviction. An experienced attorney can explore various defense strategies, such as:
Lack of Intent
Retail theft requires intent to permanently deprive the store of its goods. If the incident was accidental, such as forgetting to pay for an item, this could form the basis of a defense.
Mistaken Identity
In cases involving video surveillance or eyewitness accounts, misidentification is a common issue. Your attorney can challenge the evidence to prove you were not the perpetrator.
Procedural Violations
If law enforcement violated your rights during your arrest or investigation, such as conducting an illegal search or failing to read your Miranda rights, your attorney can seek to suppress improperly obtained evidence.
Why Hire a Philadelphia Retail Theft Defense Attorney?
Navigating the complexities of Pennsylvania’s retail theft laws requires legal knowledge and skill. A seasoned criminal defense attorney from van der Veen, Hartshorn, Levin & Lindheim can:
- Analyze Your Case: Review evidence, police reports, and witness statements to identify weaknesses in the prosecution’s case.
- Negotiate Plea Deals: Work to reduce charges or secure alternative sentencing options, such as diversion programs.
- Defend Your Rights: Ensure procedural fairness and protect your constitutional rights throughout the legal process.
The Long-Term Impact of a Retail Theft Conviction
A retail theft conviction can extend beyond immediate legal penalties, impacting your life in the following ways:
- Employment Challenges: Many employers conduct background checks and may be hesitant to hire individuals with theft-related convictions.
- Housing Difficulties: Landlords often screen tenants and may deny applications based on criminal records.
- Educational Barriers: Colleges and universities may deny admission or financial aid to individuals with a criminal record.
- Immigration Consequences: Non-citizens may face deportation or inadmissibility due to retail theft convictions.
Given these potential consequences, addressing the charges with a robust defense strategy is essential.
What to Do If You’ve Been Accused of Shoplifting
If you are facing retail theft charges, take the following steps to protect your rights and build your defense:
- Remain Silent: Avoid discussing your case with anyone other than your attorney.
- Document Events: Write down the details of the incident, including the time, location, and interactions with law enforcement or store employees.
- Preserve Evidence: Retain receipts, photographs, or other evidence that may support your defense.
- Contact a Criminal Defense Attorney: Seek legal representation immediately to navigate the criminal justice system effectively.
Facing Shoplifting Charges in Philadelphia? Contact van der Veen, Hartshorn, Levin & Lindheim Today for Aggressive Criminal Defense Representation
Accusations of shoplifting or retail theft can be overwhelming, but you don’t have to face them alone. At van der Veen, Hartshorn, Levin & Lindheim, we provide compassionate and skilled legal representation to individuals throughout Philadelphia ensuring their rights are protected and their futures safeguarded.
Our team serves clients in Philadelphia and surrounding communities, including Montgomery County, Bucks County, Chester County, and Delaware County. Whether you’re accused of shoplifting in King of Prussia, retail theft in Ardmore, or theft charges in Center City, we’re here to help.
Call us today at 215-486-0123 or fill out our online contact form to schedule a confidential consultation. Let us guide you through the legal process and work tirelessly to achieve the best possible outcome for your case.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult an attorney.