Second-degree misdemeanor. Shoplifting: besides a theft charge, you can also be charged with shoplifting, [link to shoplifting page] if you took property offered for sale by a merchant. Theft by unlawful taking is a person to person crime, not a person to institution fine. If force is used or threatened during a theft it will generally be prosecuted as a Robbery. Penalties can be quite serious and can carry up to 10 years in prison in certain cases. Practice area(s): Criminal Defense. If you would like us to examine your case, please call Lampman Law at 570-371-3737 to personally discuss the matter with us. Alternatively, the State must prove four material elements in the unlawful theft of immovable property. The offender commits a third-degree felony when the stolen merchandise is valued at more than $1, 000 or is a firearm or motor vehicle. Contact a Dover Theft Defense Lawyer for Immediate Assistance.
Under Pennsylvania law, theft is taking property from another person, not from an entity like a store or corporation. The accused need not actually take or move the property for the offense to occur. First Degree Felony: Theft by Unlawful Taking is a felony of the first degree when the prosecution can show that the property involved is a firearm and that the defendant is in the business of buying and selling firearms. If you are convicted of theft by unlawful taking in the fourth degree, you may face up to eighteen (18) months in prison and fines up to $10, 000. It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services. Summary offense: The unlawful taking of property is a summary offense when the property is worth less than $50 or where there is no evidence as to the value of the property. Only "control" over the property is required.
In Pennsylvania, Theft by Unlawful Taking can be graded as a Felony or a misdemeanor offense. First Degree Misdemeanor: The unlawful taking of property by force or threat or in breach of a fiduciary duty is a misdemeanor of the first degree. Possession is key to this offense. A common tactic is to convince you that you're just having an off-the-record conversation, or just being friendly, in order to trick you into admitting something you should or even agreeing to outright falsehoods. A disorderly persons offense for theft under N. 2C:20-3 can result in up to six (6) months in the county River NJ Theft Defense Attorney. Less than $50, the theft is a misdemeanor of the third degree. It does not matter whether the item is small or large. 200 to $2, 000: First-degree misdemeanor which could see a sentence up to five years and a fine as high as $10, 000.
Call 908-643-6801 for a free initial consultation by phone or in person at either of my two conveniently located offices. B) Obtains immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto. If the parties agree that the property will be returned, there is no crime until the property is not actually returned. It is the best chance for an accused to preserve their liberty, legal rights, and their reputation. Our lawyers routinely appear in this venue on charges arising throughout the region, including West Windsor, Robbinsville, East Windsor, Hightstown and Hopewell. Pennsylvania's laws contain numerous theft provisions. If you are facing a theft, burglary, robbery, or carjacking in New Jersey, the potential consequences can be severe. You need a lawyer with the experience and skill to protect your rights and keep you out of prison. Put simply - theft by unlawful taking means taking or stealing something that you know doesn't belong to you. Confessions and statements you made to others. As a former prosecutor, I can easily identify which defenses will hold up against the prosecution's case. Section 2C:20-3 - Theft by unlawful taking or disposition.
Theft constitutes a felony of the second degree if any of the following apply: A defendant convicted of a second-degree felony is subject to up to ten years in prison and a $25, 000 fine. Under rings merchandise. Crimes and Offenses (Refs & Annos). Being creative with each case is important. G. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person. It is also more serious if the stolen item is a firearm. That takes the knowledge and skill that you'll find in a good attorney. In addition to criminal penalties, a person who commits shoplifting (or the parent or legal guardian of a minor who commits these acts) in Pennsylvania can be civilly liable to the merchant or store owner. 1972, Dec. 6, P. L. 1482, No. Knowledge is presumed where the defendant possessed two or more items of stolen property on two or more occasions. Some statute sections may be more current, see credits for details. The grading and specific range of penalty for Theft by Unlawful taking is dependent on several factors, including the accused prior record score (PRS), and: Neither the grading nor the offense gravity score (OGS) are adjusted bases on whether the property taken was movable or immovable.
It can range in gradation from a summary offense to a Felony of the Third Degree. Third, it must be proven that the defendant took, disposed of or exercised control over the property. You can be charged with immovable theft under Pennsylvania law if you unlawfully transfer or exercise control over immovable property when the property is owned by another party with the intent to benefit yourself or somebody else. The important part is to get an account of what happened down on paper to share with whatever attorney you hire. Third Degree Theft: Amount between $500 and $75, 000; punishable by three (3) to five (5) years in state prison. If you are convicted of second degree theft by unlawful taking, you face five (5) to ten (10) years in jail.
Similar to theft by deception, shoplifting and receiving stolen property theft by unlawful taking can either be an indictable offense or a misdemeanor, depending on the circumstances surrounding the incident in question. 2nd-Degree Felony: Punishable by up to 10 years in prison when someone: - Steals a firearm; or. Property can be anything of value, including real estate, tangible and intangible personal property, contract rights, captured or domestic animals, and food and drink. If you were not Mirandized, but questioned after arrest, then your Miranda Rights may have been violated. How Is The Degree of Theft by Unlawful Taking Determined? The grading of a theft charge is largely based on the value of what was taken. AMP is only offered in misdemeanor cases.
Other thefts not specified above constitute a misdemeanor of the first degree. Movable property includes items like jewelry or electronics. It may be possible to avoid a conviction by entering into a diversion program like Pretrial Intervention, A Conditional Dismissal, or even Drug Court, if you are a drug addict. Contact me today to see which defenses will be most effective against your charge.
The following chart demonstrates the penalties for retail theft, one of the most common PA Theft crimes: |Value of Merchandise|. Our attorneys understand the gravity of these allegations and will pursue all available avenues to protect your future. The court can order the defendant to: (18 Pa. §§ 1101, 1103 to 1105, 3929; 42 Pa. § 8308 (2020). Here is a brief description of three of the most common types of theft offenses. Therefore, we will use our extensive cross examination skills to expose any inconsistencies in statements which the witnesses have given or highlight reasons why the witness's story just doesn't make sense. You can avoid prosecution for this offense if you are a first time offender who gains admission into Pretrial Intervention (i. e. for an indictable crime of the second, third or fourth degree) or Conditional Dismissal (i. for a disorderly persons offense). Transfers any merchandise displayed, held or offered for sale by any store from its original container to another container with the intent to deprive the merchant of some or all of the full retail value. If the property that was stolen was an automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle, then the theft is graded as a felony of the third degree. Theft of property with a value of at least $500 but less then $75, 000 results in a third degree crime.