Is shoplifting a felony in Pennsylvania?

Usually not for a first offense. A first retail theft under $150 is a summary offense, and $150 or more is a first-degree misdemeanor. It becomes a third-degree felony if it is your third retail theft, the value is over $1,000, or the item is a firearm or motor vehicle.

Can a theft charge be expunged in PA?

Dismissed charges, ARD completions and acquittals can be expunged. A summary retail theft conviction can be expunged after five years without an arrest. Misdemeanor theft convictions may be sealed under the Clean Slate law after a waiting period.

Do I have to pay the civil demand letter from the store?

The civil demand is separate from the criminal case and does not resolve it. Talk to a lawyer before paying, because how restitution is handled can be part of a better outcome in the criminal case.

What is the difference between burglary and theft?

Burglary is entering a building with the intent to commit a crime inside, whether or not anything is taken. It is usually a first-degree felony. Theft is taking property. A person can be charged with both.

Can I get ARD for a theft charge?

Many first-time theft offenders qualify for ARD, especially for lower-value cases. The District Attorney decides, and restitution is usually required.

Criminal Defense

Theft & Retail Theft Defense in Pennsylvania

Charged with shoplifting, theft, burglary or receiving stolen property? A theft conviction follows you on every background check. We defend theft charges across 6 PA counties and work to keep your record clean.

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Why a Theft Charge Matters More Than the Dollar Amount

Employers, landlords and licensing boards treat theft as a crime of dishonesty. Even a small retail theft can cost you a job offer years later, so the goal is usually an outcome with no conviction at all.

Crime of Dishonesty

Theft convictions can be used to attack your credibility in court and are a red flag on background checks for jobs that handle money or property.

Grading Climbs Fast

In Pennsylvania the value taken and your prior record decide the grade. A third retail theft is a felony regardless of value.

Options for First Offenders

Many first-time theft cases can be resolved through ARD, a summary plea, or a negotiated withdrawal, often with restitution.

Charges We Defend

Retail Theft (Shoplifting)

Taking merchandise, switching price tags, or under-ringing at a register (18 Pa.C.S. 3929).

Potential Penalties: First offense under $150: summary. $150 or more: M1. Third offense or over $1,000: F3.

Common Defenses:

No intent to take
Mistaken identity on video
Value disputes

Theft by Unlawful Taking

Taking or controlling someone else's property with intent to deprive them of it (18 Pa.C.S. 3921).

Potential Penalties: M3 under $50 up to F3 over $2,000; F2 over $100,000; F1 over $500,000.

Common Defenses:

Claim of right / ownership
Borrowing, not stealing
Insufficient evidence

Receiving Stolen Property

Receiving, keeping or disposing of property you knew or believed was stolen (18 Pa.C.S. 3925).

Potential Penalties: Graded by value like other theft; a firearm or vehicle makes it a felony.

Common Defenses:

No knowledge it was stolen
Fair price paid
No possession

Burglary & Criminal Trespass

Entering a building or occupied structure with intent to commit a crime (18 Pa.C.S. 3502).

Potential Penalties: Usually F1 (up to 20 years); F2 for some unoccupied non-residential buildings.

Common Defenses:

No intent to commit a crime inside
Permission to enter
Identification issues

Robbery

Theft that involves force, injury or threats (18 Pa.C.S. 3701).

Potential Penalties: F1, F2 or F3 depending on injury and threats; mandatory minimums can apply.

Common Defenses:

No force or threat used
Eyewitness reliability
Alibi

How Pennsylvania grades theft

For most theft offenses, the grade depends on the value of the property. Prosecutors sometimes add up items or overstate value, so the number on the complaint is often the first thing we check. Taking a firearm or a motor vehicle is a felony regardless of value.

Value taken	Grade	Maximum penalty
Under $50	M3	1 year, $2,500
$50 - $199	M2	2 years, $5,000
$200 - $2,000	M1	5 years, $10,000
Over $2,000, or a firearm or vehicle	F3	7 years, $15,000
Over $100,000	F2	10 years, $25,000
Over $500,000	F1	20 years, $25,000

General guide under 18 Pa.C.S. 3903. Retail theft has its own grading under 3929.

Retail theft and the store's demand letter

Retail theft is the most common theft charge we see, often from large stores and malls. Loss-prevention staff detain the person, call police, and the case is filed with the local district court. A first offense under $150 is a summary offense, but it is still a theft conviction that shows on background checks.

Many people also receive a civil demand letter from the store's lawyers asking for a few hundred dollars. That letter is separate from the criminal case. Paying it does not make the charge go away, and you should talk to a lawyer before you pay or sign anything.

Ways theft cases are resolved

Many first-time theft cases end without a conviction. Depending on the county and the facts, options include ARD, a withdrawal after restitution is paid, or reducing a misdemeanor to a summary offense that can be expunged after five years without an arrest.

ARD. Charges dismissed after you complete the program, then the record can be expunged.
Restitution and withdrawal. In some cases the complainant agrees to a withdrawal once the loss is repaid.
Challenging the evidence. Store video, receipts, and how the stop was handled can undercut the case.

How We Build Your Defense

Review the video
We get the store or business surveillance footage and compare it to what the report says happened.
Check the value
The dollar amount decides the grade. Overstated values can turn a summary into a misdemeanor.
Pursue diversion
For eligible clients we push for ARD or a resolution that leaves no conviction.
Protect your record
We plan for expungement or sealing from the start, because how the case ends decides what can be cleared.

Service Areas

We defend theft charges throughout Southeastern Pennsylvania:

Delaware County
Montgomery County
Chester County
Lancaster County
Berks County
Bucks County

Charged with theft? Call for a free case review:

6109089562

Frequently Asked Questions

Charged? Talk to John Before Your First Court Date.

A free, confidential consultation gives you a clear picture of the charge, the likely outcomes and your options.

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Last Updated: June 2026