Philadelphia Theft Crime Lawyer
You might assume that a theft offense is a minor crime, But Pennsylvania’s criminal penalties for theft crimes say otherwise. You could be looking at considerable fines and jail time, among other consequences, if you are found guilty. Your future is on the line, so clearing your name should be a top priority. Fortunately, when you have an experienced Philadelphia theft crime lawyer from Ciccarelli Law Offices handling your defense, you can breathe easier.
Our team has over 100 years of combined experience and a proven track record of success in securing acquittals and dismissals for thousands of clients over the years. When you need a Philadelphia criminal defense lawyer you can depend on to build the strongest defense strategy possible based on the circumstances of your case, look no further than Ciccarelli Law Offices. Contact our legal team to request a confidential consultation today and learn more about what the prosecutor needs to prove to obtain a conviction, the severity of the theft charges against you, and what to expect from the criminal process.
What The Law Says About Theft Crimes in Philadelphia
Theft crimes can take multiple forms under the Pennsylvania criminal code. Some of the most common types of theft charges your Philadelphia theft crime attorney defends against at Ciccarelli Law Offices include:
- Access device fraud under 18 Pa. C.S. § 4106
- Burglary under 18 Pa. C.S. § 3502
- Carjacking under 18 Pa. C.S. § 3702
- Forgery under 18 Pa. C.S. § 4101
- Identity theft under 18 Pa. C.S. § 4120
- Insurance fraud under 18 Pa. C.S. § 4117
- Receiving stolen property under 18 Pa. C.S. § 3925
- Retail theft (shoplifting) under 18 Pa. C.S. § 3929
- Robbery under 18 Pa. C.S. § 3701
- Theft by deception under 18 Pa. C.S. § 3922
- Theft by unlawful taking under 18 Pa. C.S. § 3921
- Theft from a motor vehicle under 18 Pa. C.S. § 3934
- Unauthorized use of an automobile under 18 Pa. C.S. § 3928
Philadelphia Theft FAQ
What Defenses Can Be Used in a Theft Case?
Multiple defenses could be formulated by your theft crime attorney in Philadelphia. We will need to consider the specific details of your case to determine which defense strategy is most suitable. Some of the most common defenses used to challenge theft accusations include:
- Mistake of fact
- Evidence being illegally obtained
- Failure to read you your Miranda warning
- The statute of limitations expired
- Suppressing evidence that may be prejudicial or irrelevant
- Lack of probable cause
- Prosecutorial or police misconduct
- Mistaken identity
Of course, it may be in your best interest to negotiate with the district attorney handling your case. You may qualify for pre-trial intervention and may be able to avoid the state moving forward with the criminal charges against you. Or, your theft crime attorney in Philadelphia could negotiate a plea agreement and you could potentially be placed on probation, successfully avoiding jail or prison time.
Is Theft a Felony?
Theft is not always a felony. The value of the property stolen will determine whether you are charged with theft as a misdemeanor or felony. If the property you are accused of stealing is less than $2,000, you should be charged at the misdemeanor level.
However, if the property stolen is worth more than $2,000, but less than $100,000, you can be charged with a third-degree felony. You can also face third-degree felony theft charges if the stolen property is a car, truck, motorcycle, or other motor vehicle. If convicted, you could spend as much as seven years in a Pennsylvania state prison and pay fines not to exceed $15,000.
First-degree felony theft charges may apply if you are accused of stealing over $500,000. You could also be charged with a first-degree felony if you received a stolen firearm. If convicted, you could spend up to 20 years in prison and pay fines as high as $25,000 for a first-time offense.
Can I Get a Theft Charge Expunged in Philadelphia?
According to 18 Pa. C.S. § 9122, there are limited circumstances under which you may be able to get your criminal record expunged. If you complete an accelerated rehabilitative disposition (ARD) program, you may qualify. You can also get your record expunged if the charges against you were withdrawn, dismissed, or you were found not guilty. You could also be eligible for expungement if:
- You have not been charged with another crime for at least five years after your conviction
- You receive an unconditional pardon
- You are at least 70 years old and have not been arrested for at least 10 years following your conviction
What is the Statute of Limitations for Theft Crimes in PA?
The statute of limitations for criminal offenses under 75 Pa. Chapter 55(C) determines how long the prosecutor has to file criminal charges against you. If you are accused of committing a felony theft crime, the district attorney will have up to five years from the date of the alleged crime to file charges against you. However, if you were accused of committing a misdemeanor theft offense, the statute of limitations would expire two years from the date of the alleged incident.
Will I Be Granted Bail if I Am Charged With Theft?
The judge will not have a reason to deny you bail unless they believe you are a threat to yourself, or society, or will fail to appear at your next court date. If we can establish strong community ties and show the judge you are taking your charges seriously, they may be more willing to grant you bail. For some people charged with low-level theft crimes, the judge could even release you on your own recognizance (ROR) as described under
234 Pa. Code Chapter 5 Rule 524(C)(1).
Trust Your Defense With Philadelphia’s Leading Theft Attorney Today
While theft may not be the most serious crime you could be accused of committing, that does not mean a conviction will not come with harsh penalties. You could be looking at substantial jail or prison time, significant financial restitution, and other consequences that could continue to affect your life post-conviction. Do not let this become your future.
Get help negotiating a plea with the prosecutor or defending yourself at trial when you turn to a reputable theft crime lawyer in Philadelphia from Ciccarelli Law Offices. Our team is proud to offer free consultations to the innocent and accused across Philadelphia County. Take advantage of this opportunity by filling out our secured contact form or calling our office to schedule your initial defense strategy session as soon as today.