There are many different gradings of Retail Theft – or Shoplifting – in Pennsylvania. Call the Law Offices of Michelle A. Fioravanti at 484-876-1543 or contact us if you have been charged with Retail Theft so we can discuss the charges and penalties you face. Retail Theft or Shoplifting can be graded as high as a Felony of the third degree depending upon the value of the item taken and your prior criminal history.
Retail Theft or Shoplifting Lawyer in Chester, Montgomery, Philadelphia, Delaware, Lancaster, Berks and Bucks County Pennsylvania
You will be convicted of Retail Theft if the Commonwealth of Pennsylvania can prove, beyond a reasonable doubt, the below offense:
A person is guilty of a retail theft if he: (1) takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof; (2) alters, transfers or removes any label, price tag marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a store and attempts to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise; (3) transfers any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the full retail value thereof; or (4) under-rings with the intention of depriving the merchant of the full retail value of the merchandise.
Penalties for Retail Theft or Shoplifting
The Shoplifting or Retail Theft will be graded as follows:
- Summary offense when the offense is a first offense and the value of the merchandise is less than $150
- Misdemeanor of the second degree when the offense is a second offense and the value of the merchandise is less than $150
- Misdemeanor of the first degree when the offense is a first or second offense and the value of the merchandise is $150 or more
- Felony of the third degree when the offense is a third or subsequent offense, regardless of the value of the merchandise
- Felony of the third degree when the amount involved exceeds $2,000 or if the merchandise involved is a firearm or a motor vehicle
It is legal for a store employee or security guard who has probable cause to believe that you shoplifted in their store to detain you in a reasonable manner for a reasonable time for the following purposes: to require the you to identify himself, to verify such identification, to determine whether you have in your possession unpurchased merchandise taken from the store, and to inform a police officer to start criminal actions against you.
It is important that you contact an experienced criminal defense lawyer as soon as you are arrested for shoplifting. It may be possible to have the charges reduced or thrown out all together. Call the Law Offices of Michelle A. Fioravanti at 484-876-1543 or contact us so that we may start preparing a defense as soon as possible.