Sentence for Theft by Unlawful Taking in Pennsylvania: What You Need to Know

If you’ve been charged with theft by unlawful taking in Pennsylvania, you’re likely worried about the potential sentence. The penalties can range from a summary offense with minimal fines to a felony carrying up to 20 years in prison. The exact sentence depends on the value of the stolen property, your criminal history, and other factors. Let’s break it down so you understand what’s at stake—and how you can navigate this challenge.

What is Theft by Unlawful Taking?

Theft by unlawful taking, under Pennsylvania law (18 Pa.C.S. § 3921), happens when someone takes someone else’s property without permission, intending to deprive them of it permanently. This applies to two main types of property:

1. Movable Property: Physical items like cash, jewelry, or electronics.
2. Immovable Property: Real estate or land unlawfully transferred.

I once had a client who didn’t realize borrowing a neighbor’s expensive equipment without permission could lead to criminal charges. Their intent wasn’t malicious, but intent doesn’t always need to be proven if the act itself looks unlawful.

How the Value of Stolen Property Affects Sentencing

Summary Offenses: Theft Under $50

If the stolen property is valued under $50, the charge is a summary offense. The maximum penalty here is 90 days in jail and a $300 fine. It’s the least severe level of theft, but a conviction still carries consequences like a criminal record.

Misdemeanor Theft

• Third-Degree Misdemeanor: For stolen property valued between $50 and $199, the penalty is up to 1 year in jail and a $2,500 fine.
• Second-Degree Misdemeanor: If the value is $200–$1,999, expect up to 2 years in jail and a $5,000 fine.
• First-Degree Misdemeanor: For theft between $2,000 and $99,999 (or specific circumstances like theft of a vehicle), the sentence can go up to 5 years in prison and a $10,000 fine.

Felony Theft

Felonies depend heavily on the value and circumstances:

• Third-Degree Felony: Stolen property worth over $2,000 or specific items like firearms. Maximum sentence: 7 years and a $15,000 fine.
• Second-Degree Felony: Theft of property over $100,000. Maximum sentence: 10 years and a $25,000 fine.
• First-Degree Felony: Theft over $500,000, carrying a sentence of up to 20 years and a $25,000 fine.

I recently worked on a case involving felony theft where the client was accused of stealing high-value equipment from a construction site. The client faced significant jail time, but we successfully argued mitigating factors and negotiated a lesser penalty.

Factors That Can Impact Sentencing

Sentencing isn’t just about the value of the property—it’s also about circumstances:

• Criminal History: Prior convictions for theft or related offenses can increase penalties.
• Intent and Cooperation: Courts consider whether the theft was planned and whether you cooperated with law enforcement.
• Restitution: Repaying the victim for the stolen property can reduce penalties in some cases.

Alternatives to Jail Time

If jail time worries you, there may be options:

• Probation: Instead of jail, you might be placed under court supervision.
• Diversion Programs: First-time offenders may qualify for programs like Accelerated Rehabilitative Disposition (ARD), which could lead to the charges being dismissed.
• Restitution Agreements: Making the victim whole can demonstrate remorse and influence sentencing.

One client, a young college student, faced a theft charge for taking a friend’s phone during an argument. With no prior record, we secured a diversion program that avoided jail time and cleared their record after completion.

Common Defenses Against Theft by Unlawful Taking

When defending theft charges, we often explore these strategies:

• Lack of Intent: Showing you didn’t intend to deprive the owner permanently.
• Mistake or Ownership Disputes: Proving you believed the property was yours.
• Insufficient Evidence: Highlighting weaknesses in the prosecution’s case, such as unreliable witnesses.
• Procedural Errors: If law enforcement violated your rights during the investigation, evidence might be suppressed.

In one case, I defended a man accused of stealing tools from his workplace. We demonstrated that his supervisor gave verbal permission, and the charges were dropped.

FAQ: Sentence for Theft by Unlawful Taking

What is the sentence for theft by unlawful taking under $50?

For property valued under $50, the sentence is up to 90 days in jail and a $300 fine.

Can theft by unlawful taking be a felony?

Yes, theft can be a felony if the value exceeds $2,000 or involves certain items like firearms.

Can I avoid jail time for theft by unlawful taking?

Yes, alternatives like probation or diversion programs may be available, especially for first-time offenders.

Does a prior record affect my sentence?

Yes, a prior criminal record can increase the severity of penalties.

What should I do if I’m charged with theft?

Seek legal counsel immediately. An experienced lawyer can identify defenses, negotiate plea deals, or advocate for reduced penalties.

Why You Need Legal Representation

Facing a theft charge can feel overwhelming, but you don’t have to go through it alone. As an experienced attorney, I can help you understand your options, fight for your rights, and work toward the best possible outcome. From negotiating reduced charges to building a strong defense, having someone in your corner makes all the difference.

If you or someone you know is facing theft charges, don’t wait. Reach out for a consultation and let’s start building your defense today.