Theft Offenses Attorney
Theft offenses can occur in a variety of circumstances. It may be in a retail setting, in a professional setting, in a fiduciary setting and more. Of great importance in theft cases are determining the correct and accurate value of the allegedly stolen property or funds and also understanding the factual circumstances and relationships between the parties. It is not uncommon that theft cases may be defensible when there is a misunderstanding as to the intent of the charged individual. Also, there are many times where a “theft” is not a theft at all and instead is a misunderstanding or a contractual dispute which would make the matter “civil” not criminal. Further, in the retail theft setting, it is important to have accurate information as to any potential prior retail thefts as this can increase the grading of the current offense.
If you or a loved one has been charged with a crime in Pennsylvania, contact Mike DiCindio, Esq today at 610.220.4691!
Theft by Unlawful Taking
I’ve been Charged with Theft by Unlawful Taking…
Theft by Unlawful Taking is the most general Theft statute under Pennsylvania law. It is not enough to take property of another, in Pennsylvania, there must be an intent to deprive that individual of the property. This statute is used in many cases ranging from theft of money to theft of any other item. In these matters, we need to determine what legal theory we will be focusing on for our defense. Some theft cases may be defended on the theory that the wrong individual was charged. In others, we may focus on the amount and the accuracy of them. Finally, we may have a defense that can be focused around the lack of “intent to permanently deprive.” Lower-level minor offenses may not require in-depth financial analysis, but some larger amount matters with more intricate fact patterns may require the use of a forensic accountant in order to test the validity of the amounts claimed to be stolen. If You’ve Been Charged With Theft By Unlawful Taking, Click Here to Learn More About Your Options
PA Law Codes Defined
(a) Movable property. A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with intent to deprive him thereof.
(b) Immovable property.–A person is guilty of theft if he unlawfully transfers, or exercises unlawful control over, immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto.
Theft by Deception
I’ve been Charged with Theft by Deception…
In simple terms crime of Theft by Deception occurs in Pennsylvania when someone uses falsities in order to obtain or withhold another’s property. These cases will often move forward in a very similar way to a Theft by Unlawful taking matter. We will be evaluating all possible legal and element-based defenses. At the same time, we will have to evaluate the “deception” aspect that they are claiming occurred or facilitated the theft. We will also need to determine if this is a civil business disagreement as we will find when the parties have a prior business relationship. If there is no possibility of that, the criminality of the actions or representations will be evaluated and investigated in full. Finally, as with every theft, there is going to be an investigation into whether or not the value of the stolen property or money is accurate.
PA Law Codes Defined
(a) Offense defined.–A person is guilty of theft if he intentionally obtains or withholds property of another by deception. A person deceives if he intentionally:
(1) creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind; but deception as to a person’s intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;
(2) prevents another from acquiring information which would affect his judgment of a transaction; or
(3) fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.
Receiving Stolen Property
I’ve been Charged with Receiving Stolen Property…
Receiving stolen property is a crime that punishes the retention or receipt of property when there is knowledge or a belief that it was stolen. This statute is usually going to be charged in conjunction with any of the theft cases that we have examined or will examine. The main idea behind a receiving stolen property case is receiving property that you know to be, or believe to have been, stolen. In the “believe to have been” circumstances, you may see this charge as a standalone rather than in a case with another theft offense. In the matters where it is charged with the theft offense, we will be attempting to defend against the theft itself and then show that you only came into possession of the property in a lawful, or at least unknowing, manner. In the cases where this is charged as a standalone offense we will need to delve into the facts and circumstances surrounding you coming into possession of the property. If you would like more information regarding stolen property violations, contact us today.
PA Law Codes Defined
(a) Offense defined.–A person is guilty of theft if he intentionally receives, retains, or disposes of movable property of another knowing that it has been stolen, or believing that it has probably been stolen, unless the property is received, retained, or disposed with intent to restore it to the owner.
I’ve been Charged with Retail Theft…
The Retail Theft statute punishes individuals who steal merchandise held for sale in a store. This crime is an escalating offense, meaning that if someone has been previously convicted of Retail Theft the subsequent offenses of the same will have a more serious grading and therefore carry a larger exposure to punishment. We must first evaluate your prior convictions (if you have them) to determine whether they will enhance the grading in your current case to a felony level. If we feel that there is not a strong legal defense to the case will have options of negotiating a lower offense grading at the district court in these matters. Also, there are times where (depending on value and your priors) you may be eligible for diversionary court programs that will permit you to not have any conviction if completed successfully. If there are no other options, we must determine the most effective legal defense strategy and prepare to litigate the matter. What Is Retail Theft In Pennsylvania?
PA Law Codes Defined
(a) Offense defined.–A person is guilty of a retail theft if he:
(1) takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof;
(2) alters, transfers or removes any label, price tag marking, indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale in a store or other retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such merchandise;
(3) transfers any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the full retail value thereof; or
(4) under-rings with the intention of depriving the merchant of the full retail value of the merchandise.
(5) destroys, removes, renders inoperative or deactivates any inventory control tag, security strip or any other mechanism designed or employed to prevent an offense under this section with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof.