A Pennsylvania retail-theft case can arise from concealment, changing labels or containers, under-ringing merchandise, self-checkout activity, or removing goods without payment. The grading depends on the current statute, value, prior retail-theft history, and certain categories of property. The prosecution still must prove the required intent and connect the accused person to the conduct; a store accusation or loss-prevention report is evidence, not a final determination.
Is this your situation?
Retail-theft cases increasingly arise from self-checkout data as well as traditional concealment allegations. The page should help the reader identify the conduct, transaction, value, prior history, and evidence source without assuming that every store stop proves intent.
- Loss-prevention staff stopped you after alleged concealment or failure to pay.
- The allegation involves a self-checkout mistake, missed scan, incorrect barcode, or under-ringing.
- Police issued a citation or complaint after you had already left the store.
- The value, ownership, identification, or prior-offense history is disputed.
- The charge may affect employment, licensing, immigration, school, or probation.
Immediate risks
The store and police may preserve only selected material unless a complete request is made. Clients should retain receipts and payment records, avoid contacting store witnesses, comply with trespass or bail instructions, and respond to every court notice.
- Current grading depends on value and prior history; old online thresholds may be wrong.
- Store video may be overwritten, edited into excerpts, or lack the context surrounding the transaction.
- Statements to store staff or police may be used to prove intent even when offered as an explanation.
- Ignoring a citation, summons, or hearing can produce a warrant or judgment.
- A theft disposition can have employment, licensing, immigration, or credibility consequences beyond the immediate sentence.
What happens next?
Procedure depends on grading. The roadmap should distinguish summary treatment from cases requiring preliminary proceedings while avoiding a copied penalty table that can become stale after a statutory amendment.
- 1
Citation or complaint
The filing identifies the alleged value, conduct, grading, and next court event. Summary and misdemeanor or felony procedures are not identical.
- 2
Preserve store evidence
Relevant material may include full surveillance video, register data, receipts, inventory records, employee reports, photographs, and witness information.
- 3
Review intent, identity, and grading
Counsel analyzes whether the evidence supports the required intent, whether the correct person and merchandise were identified, and whether value and prior history were calculated under current law.
- 4
Court and resolution options
Depending on grading, the matter may involve a summary hearing or preliminary proceedings. Diversion, negotiation, motions, or trial are evaluated without assuming eligibility.
- 5
Disposition and record review
After the case, counsel identifies compliance obligations and whether expungement or other record relief may later be available.
How counsel helps
Counsel should evaluate the complete transaction, not just a still image or employee conclusion. Intent, identification, value, prior history, store detention, and diversion eligibility each require separate support.
- Request complete store video and transaction records rather than relying on a short loss-prevention narrative.
- Analyze intent, identification, value, prior retail-theft history, possession, and any self-checkout or payment evidence.
- Review whether any merchant detention was supported and conducted within lawful limits.
- Assess diversion, negotiated disposition, trial, and collateral consequences based on the actual grading.
- Preserve record-relief issues and explain that dismissal, ARD, conviction, and expungement are distinct outcomes.
Detailed Lehigh Valley Guidance
The overview above addresses immediate decisions. The sections below provide additional local and topic-specific detail.
Retail Theft Defense Attorneys in Easton Pennsylvania, Serving Lehigh & Northampton County
Our Retail Theft Defense Attorneys Represent Defendants in Allentown, Bethlehem & Easton and throughout the Greater Lehigh Valley
At Madsen Law Offices in Easton, Pennsylvania, our Retail Theft Defense Attorneys represent individuals throughout the Lehigh Valley, including Easton, Allentown, and Bethlehem, against retail theft charges. We have experience defending retail-theft charges in Lehigh and Northampton Counties and provide case-specific representation. Past results do not guarantee a similar outcome.
Understanding Retail Theft Charges in Pennsylvania
Retail theft, commonly known as shoplifting, varies in severity from a summary offense to a misdemeanor or a felony, depending on the circumstances. For a first-time offender, taking merchandise valued under $150 is typically considered a summary offense, which may not lead to jail time. However, a second offense involving merchandise valued under $150 is ordinarily a second-degree misdemeanor, whose ordinary maximum term is two years under 18 Pa.C.S. § 1104(2). Further offenses are classified as third-degree felonies, with possible imprisonment of up to seven years.
The Realities of Shoplifting Charges
Shoplifting in the Lehigh Valley can result from various situations, including simple misunderstandings or inadvertent actions. Even if a first offense does not result in jail time, it can still permanently mar your record and increase the severity of future penalties. Being associated with a “crimen falsi” offense like shoplifting can seriously affect your credibility, impacting your integrity in legal and professional settings.
Exploring Alternatives: The Accelerated Rehabilitative Disposition (ARD) Program
For those facing their first shoplifting charge, the Accelerated Rehabilitative Disposition (ARD) program may offer a valuable opportunity. Successfully completing the ARD program can prevent a criminal conviction from appearing on your record, thus preserving your future prospects.
Seek Professional Legal Help
If you or someone you know is confronting charges of retail theft, do not delay in seeking legal assistance. Our Easton Criminal Defense Lawyers are equipped to handle your case with the utmost care and professionalism. Contact Madsen Law Offices today for support and guidance in navigating the complexities of your retail theft charges.
Top 10 Things to know if charged with Retail Theft
- Understand the Charges: Retail theft in Pennsylvania includes various offenses, such as taking merchandise without paying, altering price tags, or destroying anti-theft devices
- Know the Grading: Retail theft can be graded as a summary offense, misdemeanor, or felony, depending on the value of the merchandise and prior offenses
- First Offense: If the merchandise is valued under $150, a first offense is usually a summary offense with no jail time but may include fines
- Subsequent Offenses: A second shoplifting offense under $150 is a misdemeanor, and third or subsequent offenses are felonies with potential jail time
- Presumption of Guilt: Concealing unpurchased merchandise can lead to a presumption of intent to steal, making it crucial to have legal representation
- Merchant’s Rights: Store owners have the right to detain suspected shoplifters for a reasonable time to determine if a theft occurred
- Penalties: Penalties vary based on the grading of the offense and can include fines, restitution, and incarceration
- Impact on Record: A retail theft conviction stays on your permanent record, affecting future employment and educational opportunities
- Legal Defenses: Various defenses are available, such as challenging the evidence or proving a lack of intent to commit theft
- Seek Legal Help: Contacting an experienced retail theft attorney early can significantly improve the outcome of your case
Our Approach to Defending Retail Theft Charges in the Lehigh Valley
Early Intervention & Aggressive Retail Theft Defense
Early Retention of a Lehigh Valley Criminal Defense Attorney Can Be an Important Step in Defending Criminal Charges in Easton, Allentown & Bethlehem
To ensure the strongest defense for your Lehigh Valley Retail Theft case, it’s crucial to involve our experienced Easton Retail Theft Defense Attorneys as soon as possible. Prompt action is key, as over time, crucial evidence such as security footage from Allentown, Bethlehem, or Easton, and cell phone records, may be lost or destroyed, and witness recollections may become less reliable. Early consultation, particularly before a preliminary hearing or summary trial, can provide time to identify deadlines, preserve available evidence, and evaluate defenses in a retail-theft matter in Lehigh or Northampton County; no particular result is promised. Don’t delay—contact us immediately to protect your rights and build a robust defense.
Retail Theft & Shoplifting Law in Easton, Pennsylvania
Below you can find the Pennsylvania Retail Theft Statute
Retail Theft - 18 Pa. Cons. Stat. § 3929
Current statutory text checked September 27, 2026 against the official text at palegis.us.
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.
(b) Grading.--
(1) Retail theft constitutes a:
(i) Summary offense when the offense is a first
offense and the value of the merchandise is less than
$150.
(ii) Misdemeanor of the second degree when the
offense is a second offense and the value of the
merchandise is less than $150.
(iii) Misdemeanor of the first degree when the
offense is a first or second offense and the value of
the merchandise is $150 or more.
(iv) Felony of the third degree when the offense
is a third or subsequent offense, regardless of the value
of the merchandise.
(v) Felony of the third degree when the amount
involved exceeds $1,000 or if the merchandise involved
is a firearm or a motor vehicle.
(1.1) Any person who is convicted under subsection (a)
of retail theft of motor fuel may, in addition to any other
penalty imposed, be sentenced as follows:
(i) For a first offense, to pay a fine of not less
than $100 nor more than $250.
(ii) For a second offense, to pay a fine of not
less than $250 nor more than $500.
(iii) For a third or subsequent offense, to pay a
fine of not less than $500, or the court may order the
operating privilege of the person suspended for 30 days.
A copy of the order shall be transmitted to the
Department of Transportation.
(2) Amounts involved in retail thefts committed pursuant
to one scheme or course of conduct, whether from the same
store or retail mercantile establishment or several stores
or retail mercantile establishments, may be aggregated in
determining the grade of the offense.
(b.1) Calculation of prior offenses.--For the purposes of
this section, in determining whether an offense is a first,
second, third or subsequent offense, the court shall include a
conviction, acceptance of accelerated rehabilitative disposition
or other form of preliminary disposition, occurring before the
sentencing on the present violation, for an offense under this
section, an offense substantially similar to an offense under
this section or under the prior laws of this Commonwealth or a
similar offense under the statutes of any other state or of the
United States.
(c) Presumptions.--Any person intentionally concealing
unpurchased property of any store or other mercantile
establishment, either on the premises or outside the premises
of such store, shall be prima facie presumed to have so
concealed such property with the intention of depriving the
merchant of the possession, use or benefit of such merchandise
without paying the full retail value thereof within the meaning
of subsection (a), and the finding of such unpurchased property
concealed, upon the person or among the belongings of such
person, shall be prima facie evidence of intentional
concealment, and, if such person conceals, or causes to be
concealed, such unpurchased property, upon the person or among
the belongings of another, such fact shall also be prima facie
evidence of intentional concealment on the part of the person
so concealing such property.
(c.1) Evidence.--To the extent that there is other competent
evidence to substantiate the offense, the conviction shall not
be avoided because the prosecution cannot produce the stolen
merchandise.
(d) Detention.--A peace officer, merchant or merchant's
employee or an agent under contract with a merchant, who has
probable cause to believe that retail theft has occurred or is
occurring on or about a store or other retail mercantile
establishment and who has probable cause to believe that a
specific person has committed or is committing the retail theft
may detain the suspect in a reasonable manner for a reasonable
time on or off the premises for all or any of the following
purposes: to require the suspect to identify himself, to verify
such identification, to determine whether such suspect has in
his possession unpurchased merchandise taken from the mercantile
establishment and, if so, to recover such merchandise, to inform
a peace officer, or to institute criminal proceedings against
the suspect. Such detention shall not impose civil or criminal
liability upon the peace officer, merchant, employee, or agent
so detaining.
(e) Reduction prohibited.--No magisterial district judge
shall have the power to reduce any other charge of theft to a
charge of retail theft as defined in this section.
(f) Definitions.--
"Conceal." To conceal merchandise so that, although there
may be some notice of its presence, it is not visible through
ordinary observation.
"Full retail value." The merchant's stated or advertised
price of the merchandise.
"Merchandise." Any goods, chattels, foodstuffs or wares of
any type and description, regardless of the value thereof.
"Merchant." An owner or operator of any retail mercantile
establishment or any agent, employee, lessee, consignee,
officer, director, franchisee or independent contractor of such
owner or operator.
"Premises of a retail mercantile establishment." Includes
but is not limited to, the retail mercantile establishment, any
common use areas in shopping centers and all parking areas set
aside by a merchant or on behalf of a merchant for the parking
of vehicles for the convenience of the patrons of such retail
mercantile establishment.
"Store or other retail mercantile establishment." A place
where merchandise is displayed, held, stored or sold or offered
to the public for sale.
"Under-ring." To cause the cash register or other sales
recording device to reflect less than the full retail value of
the merchandise.
(g) Fingerprinting.--Prior to the commencement of trial or
entry of plea of a defendant 16 years of age or older accused
of the summary offense of retail theft, the issuing authority
shall order the defendant to submit within five days of such
order for fingerprinting by the municipal police of the
jurisdiction in which the offense allegedly was committed or
the State Police. Fingerprints so obtained shall be forwarded
immediately to the Pennsylvania State Police for determination
as to whether or not the defendant previously has been convicted
of the offense of retail theft. The results of such
determination shall be forwarded to the Police Department
obtaining the fingerprints if such department is the prosecutor,
or to the issuing authority if the prosecutor is other than a
police officer. The issuing authority shall not proceed with
the trial or plea in summary cases until in receipt of the
determination made by the State Police. The magisterial district
judge shall use the information obtained solely for the purpose
of grading the offense pursuant to subsection (b).
Criminal Court Process in Lehigh and Northampton Counties
A brief explanation of criminal-court hearings in Lehigh and Northampton Counties
Filing of Charges
Preliminary Arraignment
Preliminary Hearing
Formal Arraignment
Pre-Trial Motions & Hearings
Criminal Trial
Frequently asked questions
Is leaving the store required for a retail-theft charge?
Not necessarily. Pennsylvania law covers several forms of conduct, and intent may be inferred from the facts before a person exits. Location is relevant, but it is not the only issue.
Can a first retail-theft charge involve incarceration?
Potential penalties depend on grading, value, prior history, and other facts. It is unsafe to promise that a first charge carries no incarceration without reviewing the current statute and complaint.
Can store security detain a suspected shopper?
Pennsylvania law can permit a merchant or employee to detain a person when statutory conditions are met, but probable cause, purpose, manner, and length of detention can matter.
Is ARD available for retail theft?
It may be considered in some cases, but ARD is discretionary and depends on the grading, record, facts, victim or retailer position, county policy, and prosecutorial approval.
What if the video shows only part of what happened?
Counsel can seek the complete recording, transaction data, timestamps, camera layout, and witness testimony. An excerpt should be evaluated in the context of the entire shopping and payment sequence.
Important: This page provides general information, not legal advice. Deadlines, procedures, eligibility, and potential outcomes depend on the specific facts and current law. No attorney-client relationship is formed by viewing this page.