What constitutes a retail theft?
Under the Pennsylvania’s Crimes Code a retail theft occurs when a person:
“takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof.” Title 18 § Pa. Code § 3928(a)(1) (2019).
What is the grading of a retail theft?
A retail theft is a summary offense when it, “is a first offense and the value of the merchandise is less than $150.” Title 18 § Pa. Code § 3928(b)(1)(i) (2019).
A retail theft is a misdemeanor of the second degree when it, “is a second offense and the value of the merchandise is less than $150.” Title 18 § Pa. Code § 3928(b)(1)(ii) (2019).
A retail theft is a misdemeanor of the third degree when it, “is a first or second offense and the value of the merchandise is $150 or more.” Title 18 § Pa. Code § 3928(b)(1)(iii) (2019).
A retail theft is a felony of the third degree when it, “is a third or subsequent offense, regardless of the value of the merchandise.” Title 18 § Pa. Code § 3928(b)(1)(iv) (2019).
Additionally, a retail theft is a felony of the third degree, “when the amount involved exceeds $1,000 or if the merchandise involved is a firearm or a motor vehicle.” Title 18 § Pa. Code § 3928(b)(1)(v) (2019).
What makes retail theft a stackable offense?
When a person has been convicted of retail theft twice, upon their third charge of retail theft, it will be automatically graded as felony. For example, a person could steel a t-shirt and be charged with a felony, if they have two prior retail theft convictions. Thus, there retail theft convictions “stack’ up and a third offense automatically becomes a felony, regardless of the value of the merchandise. A felony conviction can result in jail time and a loss of life opportunities.
How can the Law Office of Vincent J. Caputo Help?
The attorneys at the Law Office of Vincent J. Caputo are dedicated to provide you or a loved one effective legal representation. We will help you understand the charges you are facing and your best options. A retail theft charge can be difficult for an individual to navigate and we will work with you every step of the way. Contact our office for a free consultation.
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