Erie, PA Theft Crime Defense Attorney

Being accused of a property or theft crime in Pennsylvania can threaten your freedom, reputation, and future opportunities. Convictions often carry felony or misdemeanor penalties, including jail time, steep fines, restitution, probation, and a permanent criminal record. At MP2 Placidi & Parini, our experienced Erie criminal defense attorneys aggressively defend clients facing all types of property crimes and theft charges throughout Northwestern Pennsylvania.

Burglary

What is Burglary Under Pennsylvania Law?

According to § 3502 of the Pennsylvania Crimes Code, burglary occurs when a person enters a building or occupied structure with the intent to commit a crime inside. Importantly, the Commonwealth does not need to prove that theft or harm actually occurred—only that there was intent.

Burglary charges may apply when someone allegedly enters:

• A home or building adapted for overnight accommodations where people are present.
• A home or building adapted for overnight accommodations when no one is present.
• A non-residential structure (such as a business or office) where people are present.
• A non-residential structure when no one is present.

Penalties for Burglary in Pennsylvania

Burglary is classified as either a felony of the first degree or a felony of the second degree, depending on the circumstances:

• Felony of the First Degree (F1):
  • Up to 20 years in prison and fines up to $25,000.
  • Applies when the building is adapted for overnight accommodations, when someone is present, or when the intent involves theft of controlled substances.
• Felony of the Second Degree (F2):
  • Up to 10 years in prison and fines up to $25,000.
  • Applies when the building is not adapted for overnight accommodations and no one is present.

In addition, Pennsylvania law prohibits sentencing a person for both burglary and the underlying crime intended during the entry, unless that crime is a felony of the first or second degree. Courts may also impose sentencing enhancements if a domestic animal is harmed or killed during the burglary.

Defenses to Burglary Charges

A skilled defense attorney can challenge burglary charges using statutory defenses and constitutional protections. Defenses under § 3502(b) include:

• The building or structure was abandoned.
• The premises were open to the public at the time.
• The accused was licensed or privileged to enter (e.g., a tenant, employee, or invited guest).

Other possible defenses include lack of intent, mistaken identity, unlawful search and seizure, or insufficient evidence from the prosecution.

Robbery

What Constitutes Robbery in Pennsylvania

A person commits robbery under § 3701 if, while committing a theft, they:

• Inflict or threaten serious bodily injury on another person.
• Commit or threaten to commit any first or second-degree felony.
• Physically take property from someone using force.
• Take money from a financial institution by demand, without permission.

Acts are considered “in the course of committing a theft” if they occur during an attempted theft, the theft itself, or immediately after in flight.

Robbery of a Motor Vehicle

Under § 3702, stealing a motor vehicle in the presence of the owner or lawful possessor is automatically a first-degree felony. The Pennsylvania Commission on Sentencing may provide for enhanced sentences in motor vehicle robbery cases.

Penalties for Robbery in Pennsylvania

Robbery is classified based on severity:

• Felony of the First Degree (F1):
  • Applies when robbery involves serious bodily injury, threats with immediate serious injury, or theft of controlled substances/designer drugs.
  • Penalties: Up to 20 years in prison and fines up to $25,000.
• Felony of the Second Degree (F2):
  • Applies when robbery involves bodily injury, threats, or financial institution theft.
  • Penalties: Up to 10 years in prison and fines up to $25,000.
• Felony of the Third Degree (F3):
  • Applies when property is taken from the person using minimal force.
  • Penalties: Up to 7 years in prison and fines up to $15,000.

Retail Theft

Retail theft is a serious offense in Pennsylvania under 18 Pa.C.S. § 3929, carrying penalties that range from summary offenses to third-degree felonies, depending on the value of stolen merchandise and the number of prior offenses. A retail theft conviction can result in fines, probation, criminal record, and even jail or prison time.

What Constitutes Retail Theft

A person commits retail theft if they:

• Take possession of or carry away merchandise from a store with intent to avoid payment.
• Alter, remove, or transfer price tags or labels to pay less than full retail value.
• Transfer merchandise between containers with the intent to deprive the merchant of full value.
• Under-ring items at checkout to avoid full payment.
• Deactivate or destroy security devices, such as tags or inventory control mechanisms, to steal merchandise.

Retail theft also applies to motor fuel theft, merchandise exceeding $1,000, or merchandise such as firearms or motor vehicles.

Penalties for Retail Theft in Pennsylvania

The severity of penalties depends on the value of merchandise and prior convictions:

• Summary Offense: First offense, merchandise under $150.
• Misdemeanor of the Second Degree: Second offense, merchandise under $150.
• Misdemeanor of the First Degree: First or second offense, merchandise $150 or more.
• Felony of the Third Degree: Third or subsequent offense, or merchandise over $1,000, firearms, or vehicles.

For retail theft of motor fuel, in addition to other penalties, fines range from $100 for a first offense to $500 for a third or subsequent offense, and the court may suspend driving privileges.

Common Pennsylvania Theft Offenses

Pennsylvania law classifies a wide range of theft and property offenses under Title 18, Chapter 39. These offenses include unlawful taking, deception, extortion, receiving stolen property, retail theft, and exploitation of vulnerable adults. Understanding the nuances of these laws is critical for anyone facing charges or seeking legal guidance.

Theft by Unlawful Taking or Disposition (§ 3921)

Occurs when a person unlawfully takes or controls movable or immovable property with the intent to deprive the rightful owner. Penalties vary depending on the value of the property and prior offenses.

Theft by Deception (§ 3922)

Involves intentionally obtaining or withholding property through deceptive acts, such as misrepresenting facts, concealing information, or failing to correct false impressions. This includes fraud schemes and false representations to gain property.

Financial Exploitation of Older Adults or Care-Dependent Persons (§ 3922.1)

Targets individuals in positions of trust who exploit elderly or vulnerable adults. Penalties range from first-degree felonies for losses over $500,000 to first-degree misdemeanors for smaller amounts. Exploitation includes unauthorized use of money, property, or assets.

Theft by Extortion (§ 3923)

Occurs when a person obtains property through threats, including threats to accuse, expose, or harm another. Certain defenses may apply, such as claims of restitution or lawful compensation.

Theft of Property Lost, Mislaid, or Delivered by Mistake (§ 3924)

If someone comes into possession of lost or misdelivered property and fails to return it to the rightful owner, it constitutes theft.

Receiving Stolen Property (§ 3925)

Receiving, retaining, or disposing of property known or believed to be stolen is a criminal offense unless intended to return it to the owner.

Theft of Services (§ 3926)

Includes obtaining services such as utilities, telecommunications, or professional services without payment or through deception. Unauthorized connections or tampering with service meters are punishable offenses.

Theft by Failure to Make Required Disposition of Funds (§ 3927)

Occurs when someone receives money or property under a legal obligation to pay or distribute it but intentionally uses it as their own.

Unauthorized Use of Automobiles or Vehicles (§ 3928)

Operating a motor vehicle without the owner’s consent is considered a second-degree misdemeanor. A defense may exist if the person reasonably believed the owner would have consented.

White Collar Crimes

White collar crimes are non-violent financial offenses that often involve complex evidence and lengthy investigations. Common charges include:

• Fraud (insurance, credit card, check fraud)
• Embezzlement (misappropriation of funds from an employer)
• Forgery (signing another person’s name or falsifying documents)
• Identity Theft (using another person’s information for financial gain)

Penalties vary depending on the amount of money or property involved, but convictions can result in felony records, restitution, fines, and years in prison. Federal charges may also apply. Our firm provides strong defense strategies in state and federal courts to challenge financial evidence, question intent, and protect your reputation.