Is theft a felony in Pennsylvania?

It depends on value and property type. Theft of property worth $2,000 or more is a third-degree felony, as is theft of a firearm or a motor vehicle regardless of value. Theft under $50 is a summary offense and theft between $200 and $1,999 is a first-degree misdemeanor.

Can theft charges be dropped if I return the property or pay it back?

Returning property and paying restitution do not dismiss a criminal case on their own, but they change the negotiation substantially. Combined with a diversionary program application, they are usually the fastest path to a disposition with no conviction and an expungement at the end.

What is the difference between theft and receiving stolen property?

Theft by unlawful taking under § 3921 charges you with taking the property. Receiving stolen property under § 3925 charges you with possessing it while knowing or believing it was probably stolen. RSP is often the weaker charge because guilty knowledge is difficult to prove from possession alone.

Will a theft charge show up on background checks in PA?

Yes, from the day it is filed — before any disposition. Because theft is a crime of dishonesty, it does more damage on employment and licensing screens than many charges with higher jail exposure, which is why an expungeable outcome matters so much.

Criminal Defense · Theft Charges

Theft Lawyer in Pennsylvania.

Pennsylvania grades theft almost entirely on dollar value, which means the number in the police report decides whether you are facing a summary offense or a felony. Getting that number right — and keeping a dishonesty conviction off your record — is the whole case.

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How Pennsylvania grades it

Theft & Receiving Stolen Property Defense in Pennsylvania.

Theft grading follows value: under $50 is a summary offense, $50–$199 is an M3, $200–$1,999 is an M1, $2,000 or more is an F3, and firearms or motor vehicles are graded as felonies regardless of value.

Statute: 18 Pa.C.S. § 3921 (theft by unlawful taking); § 3925 (receiving stolen property); § 3922 (theft by deception)

ARD & diversion

First-offense theft and receiving stolen property are commonly ARD- or diversion-eligible in Dauphin, Cumberland, York, and Adams counties, especially with restitution paid up front.

Pennsylvania ARD program · ARD eligibility quiz

Offense & grading	Maximum exposure
Under $50 — summary Tried before the magisterial district judge. Expungeable after 5 arrest-free years.	Up to 90 days jail, $300 fine
$50 to $199 — M2/M3 Commonly the negotiated landing spot when value is contested.	Up to 1–2 years jail
$200 to $1,999 — M1 The most frequently filed grading in Central PA theft cases.	Up to 5 years jail, $10,000 fine
$2,000+, firearm, or motor vehicle — F3 Firearms and vehicles are felonies regardless of dollar value.	Up to 7 years jail, $15,000 fine

Maximums are statutory ceilings, not expected sentences. Actual outcomes depend on prior record score, offense gravity score, and county practice.

How we defend theft charges cases.

Contest valuation
Value sets the grading. Replacement cost, retail markup, and depreciation arguments regularly move a case from felony to misdemeanor, or from M1 to summary.
Attack the intent element
Theft requires intent to permanently deprive. Disputed ownership, a claim of right, a borrowed item, and civil contract disputes charged as crimes are all real defenses.
Test 'guilty knowledge' on RSP
Receiving stolen property under § 3925 requires knowing or believing the property was probably stolen. Mere possession is not enough — and the Commonwealth usually has nothing more.
Preserve the objective record
Surveillance video, key-card and GPS logs, texts, and inventory records get purged fast. We demand them before the preliminary hearing.
Restitution-driven resolutions
Full restitution paid early, combined with a diversion application, is the most reliable route to a non-conviction disposition.
Protect licensure and employment
For nurses, CDL holders, teachers, and anyone with a security clearance, we build the disposition around the reporting obligation, not just the sentence.

Where we appear

Theft Charges defense across Central Pennsylvania.

Attorney Quinlan appears in the magisterial district courts and Courts of Common Pleas in Dauphin, Cumberland, York, and Adams counties. Start with your city:

Other charges we defend.

FAQ

Frequently asked questions.

Common questions about theft charges charges in Pennsylvania — grading, penalties, diversion, and record consequences.

It depends on value and property type. Theft of property worth $2,000 or more is a third-degree felony, as is theft of a firearm or a motor vehicle regardless of value. Theft under $50 is a summary offense and theft between $200 and $1,999 is a first-degree misdemeanor.

Free Consultation

The sooner we talk, the more we can do.

Every hour matters in a DUI or criminal case. Call directly and speak with Attorney Quinlan — not an intake desk.

(717) 724-7503 Schedule a consultation