Retail theft · Summary offense
Do I need a lawyer for a summary retail theft in PA?
The summary grade is the one that sets up everything after it.
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The short answer
The summary grade is available only on a first offense where the merchandise is worth less than $150. Both conditions have to hold. A summary conviction is not nothing on its own: 18 Pa.C.S. § 1105 allows up to 90 days' imprisonment,[2] and § 1101(7) a fine of up to $300 where no higher fine is set.[3] But the reason to take a summary retail theft seriously is what it does to the grading of the next one. The reason a summary retail theft is worth taking seriously is not the penalty on this case — it is 18 Pa.C.S. § 3929(b.1), which counts an earlier acceptance of ARD or other preliminary disposition as a prior offense when the next one is graded.[1]
How Pennsylvania grades retail theft
Under § 3929(b)(1), retail theft is:
- · a summary offense "when the offense is a first offense and the value of the merchandise is less than $150";
- · a misdemeanor of the second degree "when the offense is a second offense and the value of the merchandise is less than $150";
- · a misdemeanor of the first degree "when the offense is a first or second offense and the value of the merchandise is $150 or more";
- · a felony of the third degree "when the offense is a third or subsequent offense, regardless of the value of the merchandise"; and
- · a felony of the third degree "when the amount involved exceeds $1,000 or if the merchandise involved is a firearm or a motor vehicle."
These thresholds come from the statute as last amended December 23, 2013. For a closer comparison, see first vs. repeat retail theft.
The provision that does the damage
§ 3929(b.1): "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."
In plain language: a disposition that felt like it made the first case go away still counts when the second case is graded. And out-of-state retail theft counts too. More on the Pennsylvania ARD program.
Also worth knowing before you pay it
Small incidents can be added together
Under § 3929(b)(2), amounts from 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." Several small incidents can be charged as one larger one.
You will be fingerprinted first
Under § 3929(g), before trial or the entry of a plea for 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," and "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 information is used "solely for the purpose of grading the offense pursuant to subsection (b)." That is why a summary retail theft is not a citation that can quietly be paid by mail.
A magisterial district judge cannot reduce another theft charge to retail theft
Under § 3929(e), "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."
That is a limit on the magisterial district judge, not on the Commonwealth. The attorney for the Commonwealth decides what to charge and may amend or withdraw charges, and subsection (e) does not speak to what a judge of the Court of Common Pleas may approve.
So do you need a lawyer?
The honest answer is that the question is really about the record rather than this case's penalty:
- · whether there is a route that avoids a conviction and a prior for grading purposes;
- · whether the value is genuinely under the threshold and correctly calculated; and
- · whether the record of this case will be visible to employers and licensing boards, and when it can be cleared — under 18 Pa.C.S. § 9122(b)(3)(i) a summary conviction becomes eligible for expungement once the person has been free of arrest or prosecution for five years following the conviction.
In a summary case, ARD runs under Pa.R.Crim.P. 300 and 301: unless the district attorney has certified an election to move summary ARD to the Court of Common Pleas, it proceeds before the issuing authority, and it is the issuing authority who may admit a defendant. The district attorney can also designate classes of offenses or offenders that will not be considered for summary ARD at all, which is why availability genuinely varies by county. An attorney can tell you what is realistically available on your facts.
Related
FAQ
Frequently asked questions.
Common questions about summary retail theft in Pennsylvania.
Yes. Under 18 Pa.C.S. § 3929(b.1), 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."
Not quietly by mail. Under § 3929(g), before trial or the entry of a plea for 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," and "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."
Only "when the offense is a first offense and the value of the merchandise is less than $150." Both conditions have to hold. Even then, § 3929(b)(1)(v) makes the offense a felony of the third degree if the merchandise is a firearm or a motor vehicle, whatever its value.
A second offense where the merchandise is worth less than $150 is a misdemeanor of the second degree. A first or second offense where the value is $150 or more is a misdemeanor of the first degree. That is subject to § 3929(b)(1)(v), which makes the offense a felony of the third degree whenever the amount involved exceeds $1,000 or the merchandise is a firearm or a motor vehicle, whatever the offense count.
Yes. Section 3929(b.1) includes "a similar offense under the statutes of any other state or of the United States."
They can. Under § 3929(b)(2), amounts from 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."
Related pages
Assault charges in PA
Grading, sentencing ranges, and the reduction ladder for assault, harassment, and disorderly conduct.
Theft & property crimes in PA
Theft, RSP, retail theft, forgery, and bad checks — grading by value and the reduction ladder.
Drug charges in PA
Possession, PWID, marijuana, paraphernalia, prescription fraud, trafficking, and diversion.
DUI defense
ARD & Act 58 of 2025
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Sources & statutory citations
- [1]18 Pa.C.S. § 3929 — Retail theft. Section 3929(b)(1) grades the offense by the value of the merchandise and by the number of prior offenses — a summary offense for a first offense under $150, a misdemeanor of the second degree for a second offense under $150, a misdemeanor of the first degree for a first or second offense at $150 or more, a felony of the third degree for a third or subsequent offense regardless of value, and a felony of the third degree whenever the amount involved exceeds $1,000 or the merchandise is a firearm or a motor vehicle. Section 3929(b.1) directs that a conviction, an acceptance of ARD, or another form of preliminary disposition occurring before sentencing on the present violation counts in determining whether an offense is a first, second, third or subsequent offense. Last amended December 23, 2013, P.L.1264, No.131.
- [2]18 Pa.C.S. § 1105 — Sentence of imprisonment for summary offenses — not more than 90 days.
- [3]18 Pa.C.S. § 1101 — Fines. Under § 1101(7), a person convicted of a summary offense may be sentenced to pay a fine of not more than $300, where no higher fine is established.
Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.
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