Avoiding Philadelphia Shoplifting and Theft Convictions

Avoiding Shoplifting & Theft Convictions in Philadelphia

Getting caught shoplifting or stealing in Philadelphia can lead to serious criminal charges and penalties. Even a first offense can result in jail time, fines, probation, and a permanent criminal record if convicted. However, there are defenses and strategies that a skilled criminal defense lawyer can use to get charges reduced or even dismissed. This article will explain common shoplifting and theft charges in Philadelphia, penalties if convicted, and legal defenses to fight the charges.

What Happens If You Get Caught Shoplifting in Philadelphia?

If store security or police catch you shoplifting in Philadelphia, you’ll likely be arrested on the spot. Common charges for shoplifting and retail theft include:

• Retail Theft – Taking merchandise without paying. This covers everything from concealing items to switching price tags. Punishable by up to 3 years in jail.
• Theft by Unlawful Taking – Stealing any property valued under $50,000. Up to 7 years in jail.
• Receiving Stolen Property – Possessing property known to be stolen. Up to 7 years in jail.
• Conspiracy – Planning with others to commit theft or retail fraud. Up to 20 years in jail.

Even a first offense can lead to thousands in fines, probation, restitution to the store, and jail time depending on exactly what happened and the value of merchandise taken. Shoplifting and theft convictions also give you a permanent criminal record that can hurt job, school, housing, and immigration prospects for life. That’s why it’s critical to fight the charges with an experienced lawyer.

Defenses Against Shoplifting and Theft Charges

Skilled Philadelphia criminal defense attorneys have a variety of defenses they can use to get shoplifting and theft charges reduced or even dismissed:

Lack of Intent

To convict you of theft, prosecutors must prove you intended to deprive the owner of their property permanently. If you simply forgot an item in your cart or there was confusion at checkout, you may lack the required intent.

Misidentification

If security staff or police misidentified you as the shoplifter, the case against you falls apart. Your lawyer can challenge the credibility of eyewitness testimony.

Illegal Search & Seizure

If police violated your 4th Amendment rights by detaining or searching you without probable cause, evidence found from an illegal search can be suppressed. This sinks the prosecution’s case.

Mental Illness

Shoplifting can sometimes result from untreated mental illness like kleptomania, PTSD, depression, or anxiety. Your lawyer can argue you need treatment, not jail time.

False Arrest

If security staff detained you without actually witnessing you shoplift, it may constitute false arrest/imprisonment. This can nullify the case and allow you to sue for damages.

Civil Compromise

For minor first offenses with low value merchandise, your attorney can try negotiating a civil compromise. You pay restitution, the store drops criminal charges, and your record stays clean.

Diversionary Programs

Similar to a civil compromise, diversion programs allow first-time offenders to get education, counseling, community service or probation in exchange for avoiding a conviction.

Get an Experienced Philadelphia Theft & Shoplifting Lawyer Fighting For You

Don’t take chances with your future. An aggressive criminal defense lawyer can analyze the evidence against you, build a strong defense, negotiate with prosecutors, and take your case to trial if needed. They know how to attack sloppy police work and credibility of witnesses while highlighting mitigating factors to judges and juries. This gives you the best chance at avoiding devastating convictions and penalties. Consult with an attorney as soon as charges are filed against you for shoplifting or any other theft crimes in Philadelphia. They will protect your rights every step of the way.