What is Retail Theft?
In the State of Pennsylvania, the crime of shoplifting is known as ‘Retail Theft.’ However, retail theft includes many types of theft that occur within a store or merchant’s place of business. Retail theft includes when any person who enters a store and tries to intentionally deprive the merchant of the full value of the item in question.
Types of Retail Theft
Examples of retail theft include:
- Shoplifting, i.e. walking out of a store with the merchandise you did not pay for;
- Switching tags on items in order to pay a lesser value;
- Removing or destroying anti-theft devices with the intention of taking the item;
- Transferring an item to a new container to avoid paying full value;
- An employee who under-rings merchandise for friends or customers, thereby depriving the merchant of the full value of an item or items.
According to the Pennsylvania retail theft statute, any person caught concealing unpurchased merchandise, either inside or outside the store premises, is presumed to have been concealing with the intent to deprive the merchant of the property being concealed. This means that direct evidence that the merchandise was stolen is unnecessary in proving retail theft. There is a general presumption of guilt by simply having concealed merchandise at all.
There is a general presumption of guilt by simply having concealed merchandise at all.
If a merchant suspects you of shoplifting, they have the right to detain you for a reasonable amount of time to determine if a theft occurred.
Penalties For Retail Theft in PA
The penalties for a retail theft conviction are harsh. You could end up serving years in jail and paying fines and restitution. If you are convicted of retail theft, the crime remains on your permanent record. Beyond jail time and fines, your record could impact jobs with future employers, schools and rental companies. When the amount of the item stolen is:
- Less than $150 AND it is the first offense: A summary offense, a fine of not less than $100 and not more than $250 and up to 90 days in jail;
- Over $150 AND a second offense: A second degree misdemeanor, a fine of not less than $250 and not more than $500 and up to two years in jail;
- Over $150 OR a second offense under $150: A first degree misdemeanor, up to five years in prison and a $10,000 fine;
- A third or subsequent offense, regardless of value: A third degree felony, up to seven years in prison and an automatic $500 fine or the option to suspend operating privileges for thirty days;
- Over $1,000 OR the item is stolen a firearm or motor vehicle: A third degree felony, up to seven years in prison and a $15,000 fine.
Possibility of Accelerated Rehabilitative Disposition (ARD Program)
The Accelerated Rehabilitation Diversion Program (ARD Program) is designed for a first time DUI offenders and offenders of minor drug possession who have no prior criminal convictions on their record. In very specific circumstances, however, the ARD Program is used for first time offenders of retail theft as well.
ARD is a supervisory probation program. Upon successful completion of the ARD program, your attorney can move the court to have your charges dismissed and possibly expunged from your record.Seeking the advice of an attorney is the only way to know for sure if you may qualify for the ARD Program.
Legal Help For Retail Theft Charges in Western Pennsylvania
Theft of any kind is usually a regrettable mistake. Items are often taken out of need – or even out of compulsion, something beyond your control. It is also common for misunderstandings to occur and innocent people to be accused of theft, when they are in fact completely innocen
Your future and your freedom are on the line. You need an excellent attorney to aggressively defend your rights. Our experienced Pittsburgh attorneys will thoroughly investigate your case.We will gather all evidence and closely examine all police reports, witness testimony, video footage and recordings of your detainment and/or arrest.