Philadelphia, PA Retail Theft Lawyer

What is Retail Theft?

If you are facing retail theft charges (18 Pa.C.S. § 3929) in Philadelphia or the surrounding counties, you should speak with an experienced criminal defense attorney immediately. Pennsylvania’s Retail Theft statute prohibits the conduct that most people would think of as shoplifting as well as a wide range of conduct which could be related to shoplifting. Most importantly, it prohibits taking possession of a store’s property which is offered for sale and taking that property outside of the store without paying. It also makes it illegal to alter labels and price tags in order to pay less for merchandise, transfer merchandise to a different container in order to pay less, destroy inventory control strips and other tracking mechanisms, and under-ring an item on the cash register. Essentially, retail theft is stealing merchandise which a store is offering for display or sale by walking out without paying or through some form of trickery.

Retail Theft Penalties in Pennsylvania

The grade of a retail theft charge sets the maximum sentence a court can impose. Pennsylvania law provides the following statutory maximums:

Summary offense - Up to 90 days in jail and a $300 fine

Misdemeanor of the second degree - Up to 2 years in prison and a $5,000 fine

Misdemeanor of the first degree - Up to 5 years in prison and a $10,000 fine

Felony of the third degree - Up to 7 years in prison and a $15,000 fine

These figures are the maximum exposure, not the likely sentence. First-time and low-value cases can often be resolved through diversionary programs or probation rather than incarceration. A conviction also carries collateral consequences because retail theft is a crime of dishonesty (crimen falsi) that can affect employment, professional licensing, and immigration status.

First Offense, Diversion, and Expungement

Many retail theft cases involve a first arrest, and Pennsylvania offers several paths that can keep a first offense off your permanent record. In Philadelphia, prosecutors frequently offer diversionary programs such as Accelerated Rehabilitative Disposition (ARD) or summary diversion. These programs generally require completing conditions like community service, and once you finish, the charge is dismissed and becomes eligible for expungement.

Whether a retail theft record can be expunged depends on how the case ends. Charges that are withdrawn, dismissed, or resolved through a completed diversion program can be expunged. A summary retail theft conviction can be expunged after five years free of arrest or prosecution. A misdemeanor or felony conviction generally cannot be expunged, though it may qualify for sealing under Pennsylvania’s Clean Slate law. Because eligibility turns on the specific facts of your record, speak with a lawyer about your options.

Organized Retail Theft

Pennsylvania treats coordinated shoplifting differently from an isolated incident. Under the organized retail theft statute, a person who works with others to steal merchandise for resale, or who knowingly receives or possesses merchandise stolen in that manner, can face felony charges. The grade rises as the total value of the merchandise increases, and the exposure is far greater than an ordinary retail theft. Prosecutors increasingly pursue these charges against alleged shoplifting operations, so anyone charged under this statute needs experienced counsel.

What to Do If You Are Stopped by Store Security

Pennsylvania’s retail theft statute gives merchants and loss prevention officers a limited privilege to detain a person they have probable cause to believe has shoplifted. If this happens to you, stay calm and do not resist physically. You do not have to answer questions or sign anything, and you should not admit to anything or try to talk your way out of it. Ask to speak with a lawyer and contact our office as soon as you can. What you say during a store detention often becomes the strongest evidence against you.

Gradation of Retail Theft Charges

Depending on the value of the merchandise involved and whether the defendant has any prior convictions for retail theft, retail theft can range in gradation from a summary offense to a felony of the third degree.

A first retail theft charge will be a summary offense when the merchandise is worth less than $150.
Retail theft is a misdemeanor of the second degree when the offense is a second offense and the merchandise is worth less than $150.
It becomes a misdemeanor of the first degree when the offense is a first or second offense and the merchandise is worth more than $150.
Shoplifting becomes a felony of the third degree when it is a third or subsequent offense or if the merchandise has a value exceeding $1,000 or is a firearm or motor vehicle.

Defenses to Retail Theft Charges

Given the nature and value of the property involved and whether the defendant has prior convictions for retail theft, retail theft charges can quickly become very serious. However, our experienced criminal defense attorneys recognize the many potential defenses to shoplifting charges.

First, retail theft charges often stem from a misunderstanding or mistake by the defendant. It is quite common that there is an innocent explanation for conduct which would otherwise look potentially criminal. For example, the defendant may have mistakenly put an item in a bag while taking a phone call and then have been arrested for shoplifting as if the defendant had intentionally concealed the merchandise in order to steal it.
Second, retail theft cases often lead to discovery issues with the Commonwealth as many stores create records and surveillance tapes which the stores and prosecution do not do a good job of preserving. If the store and/or police fail to properly preserve records, receipts, and surveillance tapes, this failure could provide potential defenses or lead to the dismissal of the case. Witnesses may not be permitted to describe what a video would have shown if the Commonwealth did not properly preserve the video.
Third, many defendants with prior convictions may have been convicted in states in which the statute does not qualify as a prior conviction under Pennsylvania law, and so it may be possible to have felony shoplifting charges downgraded to misdemeanors.
Fourth, prosecutors often offer diversionary programs for shoplifting offenses. It may be possible to negotiate with the District Attorney’s Office for entry into a diversionary program like the ARD program or summary diversion program in Philadelphia which will result in the eventual dismissal and expungement of the charges.
Finally, there are often issues of identification, credibility, and whether the prosecution has sufficient evidence to prove the offense beyond a reasonable doubt just as in any other type of case. Our Philadelphia criminal defense attorneys will carefully review the discovery in your case and provide you with the best possible defense.

Frequently Asked Questions About Retail Theft in Pennsylvania

Is retail theft a felony in Pennsylvania?

Not always. Retail theft is graded by the value of the merchandise and your prior record. A first offense involving merchandise worth less than $150 is a summary offense. It becomes a misdemeanor when the value reaches $150 or on a second offense, and a felony of the third degree on a third or subsequent offense, when the value exceeds $1,000, or when the item is a firearm or motor vehicle.

What happens on a first offense retail theft charge in Philadelphia?

A first offense (and sometimes even a second, depending on the circumstances and county) is often eligible for a diversionary program such as ARD or summary diversion. These programs usually involve completing conditions like community service, and when you finish, the charge is dismissed and can be expunged. Many first-time cases resolve without a conviction or jail time, but you should not assume the outcome without speaking to a lawyer.

Can a retail theft charge be expunged in Pennsylvania?

It depends on how the case ends. Charges that are withdrawn, dismissed, or resolved through a completed diversion program can be expunged. A summary conviction can be expunged after five years without a new arrest. A misdemeanor or felony conviction generally cannot be expunged but may qualify for sealing under the Clean Slate law. For first and second offenses, the goal is usually to avoid a conviction so that the arrest can eventually be expunged.

Will I go to jail for shoplifting?

Jail is possible but not the typical result for a first, low-value offense, which more often ends in diversion or probation. The risk of incarceration rises with the value of the merchandise and the number of prior offenses. A felony retail theft carries the most serious exposure, and an arrest can trigger a probation detainer if you are on probation.

Do I need a lawyer for a summary retail theft citation?

Yes. Even a summary retail theft is a crime of dishonesty that stays on your record and can appear on background checks for jobs and housing. A lawyer can often keep the offense off your record through diversion or a favorable resolution.

How long does a retail theft charge stay on your record?

A retail theft record stays with you permanently unless it is expunged or sealed. That is why resolving the case in a way that allows expungement matters so much, especially on a first offense and even a second offense.

Philadelphia Criminal Defense Lawyers for PA Retail Theft and Shoplifting Charges

The Philadelphia Criminal Defense and Trial Lawyers of Goldstein Mehta LLC have had success handling these types of cases and obtaining successful outcomes for our clients. We recognize the issues in retail theft cases and know how to respond. We have tried these cases to verdict and obtained acquittals. Theft charges are often heard in the Philadelphia Municipal Court, and we have tried hundreds, if not thousands, of cases in that venue. However, even when charged as a misdemeanor, retail theft charges are serious due to the potential for damage to a defendant's career and employability. Therefore, if you or a loved one are facing shoplifting charges in Philadelphia or the surrounding counties, call 267-225-2545 today for a complimentary 15-minute criminal defense strategy session.