Retail Theft

Retail theft, widely known as shoplifting, is a common offense in Morgantown, Pennsylvania. The specific charges you might face vary significantly based on the monetary value of the merchandise stolen and whether you have a history of prior criminal convictions. Being arrested is a stressful experience that can impact your future. If you find yourself in this difficult situation, it is vital to have a dedicated legal advocate on your side. The team at Mountaineer Law Group will work tirelessly to achieve the best possible outcome for your specific case.

Facts About Retail Theft

Retail theft is a serious matter that can lead to arrest and a permanent criminal record. There are numerous actions that fall under the umbrella of theft in Pennsylvania, and a conviction can carry lasting consequences. If you are facing allegations, consulting an experienced Morgantown criminal lawyer can help you understand your rights and legal options. To protect yourself, it is crucial to be aware of the specific behaviors that can result in legal consequences:

• Label or Price Tag Manipulation: This involves removing, altering, or swapping price labels or tags. The intent is to purchase an item at a lower cost than its actual retail price, thereby depriving the merchant of the item’s full value.
• Under-Ringing: This often happens at self-checkout or through employee collusion, where a sale is intentionally rung up at a price lower than the full retail value.
• Unauthorized Possession: This is legally defined as taking possession of an item offered for sale, moving it, carrying it away, or causing someone else to do so without paying the full stated price.
• Container Switching: This occurs when a person moves merchandise from its original packaging into a different container with the intent to avoid paying the full retail value.
• Tag Removal: This involves damaging or removing security sensors or control tags to bypass payment while preventing the seller from retaining the item.

It is also important to understand that simply concealing unpaid items—whether inside the store or on the premises, such as the sidewalk or parking lot—is considered an act of shoplifting. Store employees and law enforcement in Berks County will treat this as a crime. If you are facing such allegations, consulting a Morgantown criminal lawyer can help you understand your defense options.

Store owners and their staff have both the authority and the obligation to detain individuals they reasonably suspect of stealing merchandise. They also have the right to recover any goods that were not purchased. Additionally, if you are 16 years of age or older and charged with shoplifting, the police may require you to be fingerprinted.

Retail Theft Offense Levels

In Pennsylvania, retail theft offenses are classified into specific tiers based on the value of the goods and the defendant’s history. These levels include:

• Summary offense: This is for a first-time offense involving stolen items valued at less than $150.
• Second-degree misdemeanor: This applies to a second offense where the stolen items are still valued below $150.
• First-degree misdemeanor: You will face this charge for a first or second offense if the stolen items are valued at $150 or more.
• Third-degree felony: This serious charge applies to a third or subsequent offense, regardless of the value of the stolen items.
• Third-degree felony (High Value/Weapon): This applies if the stolen items are worth over $2,000, or if the theft involves a firearm or motor vehicle.

The difference between a summary offense and a felony is massive in terms of long-term consequences for your career and freedom. A skilled Morgantown DUI attorney from our group can often assist with various types of criminal defense, helping you navigate these complex classifications.

I was Arrested for Retail Theft! What do I do?

If you are arrested for retail theft, the most important thing to do is remain calm and cooperative with the arresting officer. However, being cooperative does not mean you should confess. Refrain from making any statements, defending your innocence, or discussing the incident until you have legal representation.

Be sure to take these steps to protect your rights:

• Politely but firmly refuse to answer any questions from the prosecutor or police without having your Morgantown criminal lawyer present. Any statement you make can be misunderstood, taken out of context, and used against you in court.
• If the police attempt to question you, clearly state your request for an attorney and decline to respond to their inquiries.

Want to Know More About Retail Theft Laws in Pennsylvania?

For a deeper understanding of the statutes governing these crimes, you can refer to Title 18, Chapter 39 of the Pennsylvania Criminal Code. If you are dealing with other legal issues in Berks County, such as traffic violations or substance-related charges, a Morgantown DUI attorney from Mountaineer Law Group is available to provide the guidance you need. Call us at (304) 381-3656 today for free consultation.