Grading or Severity of Pennsylvania Retail Theft Charge
The severity or grading of a Retail Theft charge in Pennsylvania ranges from a relatively low level summary offense all the way to third-degree felonies. The grading of a Retail Theft charge is based upon the value of the merchandise taken AND whether or not the person has prior Retail Theft offenses on a criminal record.
Under 18 Pa.C.S. 3929, a Retail Theft charge is a:
- Summary offense IF the person has no prior Retail Theft offenses AND the value of the merchandise was less than $150.00
- 2nd degree misdemeanor IF the person has 1 prior Retail Theft offense AND the value of the merchandise is less than $150.00
- 1st degree misdemeanor IF the person has 1 or 2 prior Retail Theft offenses AND the value of the merchandise or $150.00 or more
- 3rd degree felony IF the person has 3 or more prior Retail Theft offenses, regardless of the value of the merchandise
- 3rd degree felony IF the value of the merchandise exceeds $1,000.00 OR the merchandise is a firearm or motor vehicle
What is a “Prior Offense” or Retail Theft?
When determining whether or not a person has a “prior offense” of Retail Theft, the term includes convictions, acceptance of ARD or similar pretrial diversionary programs. Also, Retail Theft offenses from other states and jurisdictions can also be considered by the prosecutor.