Pennsylvania grades retail theft charges based on the value of the merchandise and your prior record, ranging from a summary offense to a third degree felony. Under 18 Pa.C.S. Section 3929, even a first offense involving a small dollar amount can lead to a permanent criminal record if you do not handle the case correctly.
Here is how the grading works and what your options may be.
How Is Retail Theft Graded in Pennsylvania?
Pennsylvania grades retail theft based on the value of the merchandise involved. We also consider your prior retail theft offenses, including cases resolved through ARD. The general breakdown looks like this:
- Summary offense: no prior retail theft offenses and merchandise valued under $150
- Second degree misdemeanor: one prior offense and merchandise valued under $150
- First degree misdemeanor: one or two prior offenses and merchandise valued at $150 or more
- Third degree felony: three or more prior offenses regardless of value, or merchandise valued over $1,000, or a stolen firearm or motor vehicle
Prosecutors can combine multiple retail theft incidents connected by one scheme. This can push a case into a higher grading category, even if no single incident crossed the threshold on its own.
What Counts as Retail Theft Under Pennsylvania Law?
Retail theft is not limited to walking out of a store with unpaid merchandise. Pennsylvania law also covers switching price tags, moving merchandise between containers to hide its value, under ringing items at checkout, and removing or disabling security tags. You can be charged even if you never physically leave the store.
Can Retail Theft Charges Be Reduced or Dismissed?
Retail theft cases often have room to negotiate, especially for a first offense. Depending on the facts, charges can sometimes be reduced to a lesser grading, resolved through a diversionary program, or dismissed outright if the evidence does not hold up. Store security footage, loss prevention reports, and the way merchandise value was calculated are all areas an experienced defense attorney can challenge.
Does ARD Apply to Retail Theft Charges?
Many first time retail theft defendants in Pennsylvania are eligible for Accelerated Rehabilitative Disposition. ARD allows qualifying defendants to avoid a conviction and pursue expungement after completing the program. Eligibility depends on your record and the specific facts of your case, so it is worth discussing with an attorney before you decide how to proceed.
Frequently Asked Questions
Is retail theft a felony in Pennsylvania?
It can be. Retail theft becomes a third degree felony if the merchandise is valued over $1,000, involves a firearm or vehicle, or if you have three or more prior retail theft offenses.
What is the dollar threshold for felony retail theft in Pennsylvania?
Retail theft is charged as a felony of the third degree when the merchandise value exceeds $1,000, regardless of prior record.
Can I get ARD for a first retail theft charge in Pennsylvania?
Many first time offenders qualify for ARD, which can help you avoid a conviction and pursue expungement. Eligibility depends on the specific facts of your case.
Does retail theft show up on a background check?
A retail theft conviction will appear on a standard background check unless it is later expunged or sealed. Even a summary conviction can affect employment and housing applications.
Can you be charged with retail theft without leaving the store?
Yes. Pennsylvania law allows retail theft charges for actions like switching price tags, concealing merchandise, or disabling security tags, even if you never make it past the register.
Charged With Retail Theft in York County?
A retail theft charge can follow you for years if it is not handled the right way from the start. Call Kearney Law at 717-668-8159 to talk to former prosecutors who know how these cases get built and how to fight them.
