WHAT TO DO IF YOU ARE ACCUSED OF SHOPLIFTING & RETAIL THEFT IN PA?
If you’re facing retail theft or shoplifting charges in Pennsylvania, the stakes are serious. Retail theft convictions can result in jail time, significant fines, and a long-term criminal record. It’s critical to understand your rights and have a skilled defense attorney on your side.
At the Zuckerman Law Firm, our criminal defense attorneys have extensive experience defending clients accused of retail theft throughout Pittsburgh and Western Pennsylvania. We handle everything from minor summary offenses to felony charges, working to minimize the consequences you face.
RETAIL THEFT PENALTIES
The grading and penalties associated with a Retail Theft or Shoplifting offense vary based upon the value of items stolen and the number of prior offenses. The following penalties apply for Retail Theft convictions:
| Offense Level | Merchandise Value / Prior Record | Possible Jail Time | Maximum Fine | Criminal Record Impact |
|---|---|---|---|---|
| Summary Offense | Under $150, no prior retail theft convictions | Up to 90 days | Up to $300 | Must wait 5 full years with no new charges/convictions |
| 2nd Degree Misdemeanor | Under $150 with one prior conviction | Up to 2 years | Up to $5,000 | Permanent criminal record, possible record sealing after 10 years |
| 1st Degree Misdemeanor | $150 or more with one or no prior convictions | Up to 5 years | Up to $10,000 | Permanent criminal record, possible record sealing after 10 years |
| 3rd Degree Felony |
2+ prior Retail Theft convictions, $2,000+ in merchandise, or Stolen Firearm |
Up to 7 years | Up to $15,000 | Permanent felony record, no record sealing or expungement |
RETAIL THEFT INVESTIGATIONS AND EVIDENCE
In most retail theft cases, a person accused of theft will be stopped by a Loss Prevention Officer (LPO) after they have passed all points of sale with unscanned or concealed merchandise. Under Section 3929(d) of the PA Crimes Code, loss prevention officers may detain you to confirm your identity and recover merchandise so long as they have probable cause to believe you committed a retail theft offense.
Thereafter, the Loss Prevention Officer may attempt to question you about the theft itself, or may contact law enforcement for assistance. After confirming your identity, the LPO may provide you with a written trespass notice, banning you from store property. In most cases, a person accused of retail theft is not arrested on scene, but will receive criminal charges by summons in the mail.
After the incident, Loss Prevention Officers may review transaction records and surveillance footage from past incidents to determine if you have stolen on prior occasions. If additional incidents are uncovered, you may be charged with separate counts of retail theft for each incident, or a single count of retail theft based upon the total monetary value of the thefts. Occasionally, Loss Prevention Officers will only file charges related to one incident, but may try and recover restitution for all incidents.
In most retail theft prosecutions, the Commonwealth tries to establish your guilt by showing one or more of the following:
That you failed to scan some items, despite paying for others
That you passed all cash registers and points of sale without paying for items
That you concealed merchandise on your person, or in a bag or purse
That you opened packaging or removed security tags
That you served as a lookout, or otherwise assisted someone else in committing a theft from the store
That you attempted to return stolen merchandise
That you swapped tags on items, paying less than the full retail value of the item
That as an employee, you charged less than the full retail price of an item
That you provided a written or verbal confession to a loss prevention employee or police officer
That you were captured on security cameras
That you served as a getaway driver for others who committed a theft
WHAT OTHER CHARGES APPLY DURING A SHOPLIFTING INCIDENT?
Those who engage in physical confrontations with store employees may be charged with Robbery, Aggravated Assault, Simple Assault and other possible crimes. If you commit a retail theft with a minor, you can be charged with Corruption of Minors and Endangering the Welfare of a Child. If you commit a retail theft with other individuals, you should expect to be charged with Criminal Conspiracy.
STEPS TO TAKE IF YOU ARE DETAINED OR ARRESTED FOR RETAIL THEFT
Your words and actions on scene can have a drastic impact on the outcome of your case. If a LPO or police officer stops you and accuses you of retail theft:
Provide your identification.
Remain silent — do not answer questions or admit wrongdoing.
Don’t sign paperwork without consulting an attorney.
Avoid physical confrontations, which can lead to additional charges.
Contact a criminal defense attorney immediately. Legal guidance from the outset is crucial. Don’t wait to receive charges before you start receiving the help you will eventually need.
HOW THE ZUCKERMAN LAW FIRM CAN HELP
A retail theft charge doesn’t have to define your future. Our team will walk you through the process and goals for the resolution of your case. Our team offers:
Negotiation for dismissals, reductions, or diversion programs
Help avoiding significant jail time and long-term criminal records
Strategies to seek probation, restitution programs, or class completion instead of conviction
📞 Call Zuckerman Law Firm at 412-447-5580 today for a free consultation.