If you or a loved one has been charged with retail theft, often referred to as shoplifting but is not limited to it, then you need an attorney to help you with your defense. This charge can become serious, but if handled smartly, there are defenses and alternatives (e.g. diversion programs like ARD) to a sentence that can help make the process less scary, and sometimes -- with the help of an experienced retail theft attorney in Philadelphia -- even result in the dismissal of the charge or the absence of a criminal record.
Joseph D. Lento, an aggressive Philadelphia defense attorney, has more than a decade of experience representing clients who have been accused of retail theft or shoplifting. His clients have been from all socio-economic backgrounds. Shoplifting is not just for the poor, but people with the means to purchase what they steal also do it -- and that's because this crime is more a disease than anything else. Contact Joseph D. Lento today to see how he may be able to help you with your retail theft charge.
What is retail theft in Philadelphia?
Retail theft is defined by 18 Pa. Cons. Stat. § 3929. The definition is very technical, but basically states that a person is guilty of the offense if he or she:
- Takes from a store property without paying for it;
- Alters labels and price tags to pay less for a product;
- Removes and transfers merchandise to another container to pay less for it;
- Destroys any type of security mechanism, strip, or tracking to prevent the alarm from going off upon exiting the store; and
- Under-rings merchandise at the cash register.
Thus, retail theft can include persons who are both customers and employees and isn't a crime that refers only to snatching a product off the shelf and running out the door with it. The crime is a bit more complex and some people are unaware of the exact nature of it.
Also, the statute allows a peace officer, merchant, or merchant's employee who suspects you of shoplifting or performing any of the above unlawful acts to detain you for a reasonable amount of time on or off the property. This is so the merchant can recover any stolen items and verify your identification.
What is the punishment if convicted of retail theft in Philadelphia?
Punishment is dependent on the value of the stolen merchandise and whether or not the defendant has any prior convictions. Retail theft can be charged as a summary offense, misdemeanor, or felony. The below-chart identifies the range of merchandise value and the corresponding gradation and associated maximum penalties.
|
Value of the Stolen Goods |
Gradation |
Maximum Incarceration |
Maximum Fine |
|
Less than $150 |
Summary offense |
90 days in jail |
$300 |
|
Less than $150 & one prior offense |
Misdemeanor of the second degree |
2 years in prison |
$5,000 |
|
More than $150 but less than $1,000 (regardless of first or second offense) |
Misdemeanor of the first degree |
5 years in prison |
$10,000 |
|
More than $1,000 or three or more prior offense |
Felony of the third degree |
7 years in prison |
$15,000 |
Philadelphia Retail Theft Defense Attorney
If you have been charged with a retail theft offense, you need an attorney who can put together a solid defense. Joseph D. Lento will listen to what you have to say, outline your options, and help you make the best decisions for you and your future.
Contact the Lento Law Firm today either online or at 215-535-5353 to set up a consultation.
