Can You Go to Jail for Retail Theft in PA?
Retail theft, also known as shoplifting, is a serious crime that can have severe consequences, including imprisonment. In Pennsylvania, the laws surrounding retail theft are strict, and penalties can be severe for those found guilty. In this article, we’ll explore the answer to the question, "Can you go to jail for retail theft in PA?" and provide an in-depth look at the laws and consequences.
What is Retail Theft in PA?
In Pennsylvania, retail theft is defined as the theft of merchandise from a retail establishment with the intent to permanently deprive the merchant of the property. According to Pennsylvania Statute 18 Pa.C.S. § 3929, retail theft is classified as a misdemeanor or a felony, depending on the value of the stolen property and the defendant’s prior record.
Misdemeanor Retail Theft in PA
If the value of the stolen property is less than $150, retail theft is considered a misdemeanor, punishable by:
• Up to 90 days in jail
• A fine of up to $300
• Probation
Felony Retail Theft in PA
If the value of the stolen property is $150 or more, retail theft is considered a felony, punishable by:
• Up to 5 years in prison
• A fine of up to $10,000
• Probation
Consequences of Retail Theft in PA
In addition to the criminal penalties listed above, those found guilty of retail theft in PA may also face:
• Civil penalties: Retailers may seek civil penalties, including damages and legal fees, from the accused.
• Loss of employment: A conviction for retail theft can result in the loss of employment and damage to one’s reputation.
• Difficulty in obtaining employment: A retail theft conviction can make it difficult to obtain employment in the future.
• Community service: As a condition of probation, those convicted of retail theft may be required to perform community service.
Defenses Against Retail Theft Charges in PA
While retail theft is a serious crime, there are defenses that can be raised in court to reduce the severity of the charges or even lead to an acquittal. Some of the most common defenses include:
• Lack of intent: If the accused did not intend to permanently deprive the merchant of the property, they may be able to raise a defense of lack of intent.
• Duress: If the accused was forced to commit the crime by someone else, they may be able to raise a defense of duress.
• Accidental taking: If the accused accidentally took the property, they may be able to raise a defense of accidental taking.
Alternatives to Incarceration in PA
In Pennsylvania, there are alternatives to incarceration for those found guilty of retail theft. Some of these alternatives include:
• Probation: A period of supervised release in the community, with conditions such as community service, counseling, and random drug testing.
• Community service: A requirement to perform a certain number of hours of community service as a condition of probation.
• Restitution: A requirement to pay back the victim for the value of the stolen property.
Table: Retail Theft Penalties in PA
| Value of Stolen Property | Misdemeanor | Felony |
|---|---|---|
| Less than $150 | Up to 90 days in jail, $300 fine, probation | – |
| $150 or more | – | Up to 5 years in prison, $10,000 fine, probation |
Conclusion
Retail theft is a serious crime in Pennsylvania, and the consequences can be severe. If you are facing charges of retail theft in PA, it is essential to seek the advice of a qualified criminal defense attorney. With the right defense strategy and legal representation, it may be possible to reduce the severity of the charges or even have the case dismissed. Don’t hesitate to contact an attorney today to discuss your options and protect your rights.
Additional Resources
• Pennsylvania Statute 18 Pa.C.S. § 3929: Retail Theft
• Pennsylvania District Attorneys Association: Retail Theft
• Pennsylvania Retailers Association: Shoplifting
