The Pennsylvania Criminal Code 18 Pa. C. S. Sec. Thefts involving aggravating circumstances—where property is taken directly from another person, or by threat, or in breach of a fiduciary obligation—will result in more serious charges and harsher fines not covered here. The "taking" of the property must be coupled with an intention to deprive the real owner of the property. A person commits theft by unlawfully taking, transferring, or exercising control over another's movable or immovable property, with the intent of depriving the owner of their property or using the property to benefit oneself or another who's not entitled to it. Once the charges have been dismissed, the defendant may the file for an expungement. 2C:20-3, namely, movable and immovable property. What is Theft by Unlawful Taking in Pennsylvania? If you or a loved one has been charged with retail theft or another theft offense in State College, please call an experienced Penn State criminal defense lawyer today at (814) 689-9139, or contact us by email for a free initial consultation.
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Recovering stolen items from you, your home or vehicle. Theft by Unlawful Taking is a crime in New Jersey which occurs when someone either takes or exercises control over tangible property without the owner's consent and with the intent to deprive the owner of his property. The grade of crime that a particular theft by unlawful taking will occupy is determine as follows: - If the value of the property obtained exceeds $75, 000. Your attorney will investigate the circumstances surrounding your arrest, the value of the property, and many other factors.
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In New Jersey, the most common charge for theft is called Theft by Unlawful Taking and it is defined in New Jersey Statute 2C:20-3. But Pennsylvania law grades the severity of your punishment by the value of what was taken, not by your reasons for taking it. If you take something from a person you expect a charged of theft by unlawful taking. The doctrine of merger will be explained below. Otherwise the OGS is 8.
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Being creative with each case is important. If you steal items from a store, you will be charged with retail theft instead of unlawful taking. Contact Our Law Firm Now! As a former prosecutor, I can easily identify which defenses will hold up against the prosecution's case. 03/13/2023 05:52 AM. The penalties for Theft Crimes depend on the value of the property in question, but if multiple items of property are taken, the prosecution can use the aggregate amount when determining the applicable penalties. Criminal Defense Attorney: Middlesex & Union County. First, there must a form of taking or control of a movable or immovable property. Regardless of whether you've been charged with theft of movable property or theft immovable property, the consequences can be severe, including prison time and substantial fines. This will give you someone dedicated to your own interests. None of our clients ever pay the civil penalty associated with Retail Theft and not one of them has ever had any adverse consequences as a result.
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We were able to obtain a dismissal of all charges at the preliminary hearing. Knowledge is presumed where the defendant possessed two or more items of stolen property on two or more occasions. Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another person. If the value is between $500 and $75, 000, the charge will be third degree, exposing the defendant to up to five years in prison plus fines, penalties and restitution. There may be an opportunity to reduce the charges, or pay a fine in order for the charges to be dropped. More than $50 but less than $200, it is a misdemeanor of the second degree. You'll notice that even theft of less than $50 could leave you paying for a $2, 500 fine. As long as you comply with the terms of a pre-trial diversion program, your charges will be dismissed and expunged from your record. First, the state must prove an unlawful transfer. Having a theft conviction on your record can affect future employment opportunities, the ability to obtain housing, and immigration status.
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Theft offenses constitute a felony of the third degree if the amount involved exceeds $2, 000 or if the property stolen is an automobile, airplane, motorcycle, or motorboat, or, in the case of receiving stolen property, the receiver is in the business of buying or selling stolen property. The penalties for theft get worse depending on the value of what you stole, just like it does with retail theft. The term "deceive" does not, however, include falsity as to matters having no pecuniary significance, or puffing or exaggeration by statements unlikely to deceive ordinary persons in the group addressed. Attorney, Steven W. Hernandez will provide you with aggressive representation to mitigate, or possibly eliminate, the penalties associated with your charges. Under certain conditions, thefts can be aggregated. The conduct must also be undertake for the purpose of permanently depriving the owner of his/her property. Legislative Commissions.
We are understanding, dedicated defense attorneys who will use our high level of skill and extensive knowledge of the justice system on your behalf. For more information about Retail Theft, click here. As a result, a burglary conviction has the potential to result in decades in prison, significant fines and disastrous collateral consequences. Fourth, the defendant must have acted with the purpose of benefiting himself or another person who was not entitled to that interest. In this example the judge should rule that the theft crime merges into the Robbery for purposes of sentencing. Convictions can also be extremely damaging for any professional who has to deal with professional licensing issues.
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