How is theft by unlawful taking under § 3921 graded?

Section 3921 sets the offense; § 3903 sets the grade by value and property type. Property worth $2,000 or more is a third-degree felony, and a firearm or motor vehicle is a second-degree felony regardless of value. Below that it is a first-degree misdemeanor from $200 to under $2,000, a second-degree misdemeanor from $50 to under $200, and a third-degree misdemeanor under $50.

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.

Can I be charged with both theft and receiving stolen property for the same item?

Yes, and it happens routinely — the affidavit pleads § 3921 for the taking and § 3925 for the possession so the Commonwealth has two theories to fall back on. They cannot both survive to sentencing on a single item, so part of the defense is forcing the prosecutor to commit to one theory and litigating the weaker element of it.

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 § 3903: under $50 is an M3, $50 to under $200 is an M2, $200 to under $2,000 is an M1, $2,000 or more is an F3, and a firearm or motor vehicle is an F2 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

Theft & Receiving Stolen Property Defense: offense grading and maximum exposure under 18 Pa.C.S. § 3921 (theft by unlawful taking); § 3925 (receiving stolen property); § 3922 (theft by deception)
Offense & grading	Maximum exposure
Under $50 — M3 The lowest theft grading. A frequent negotiated landing spot when value is contested.	Up to 1 year jail, $2,500 fine
$50 to under $200 — M2 Value evidence, not intent, is usually what separates this grade from the next one.	Up to 2 years jail, $5,000 fine
$200 to under $2,000 — M1 The most frequently filed grading in Central PA theft cases.	Up to 5 years jail, $10,000 fine
$2,000 or more — F3 Felony exposure driven entirely by the valuation in the affidavit.	Up to 7 years jail, $15,000 fine
Firearm or motor vehicle — F2 Graded a felony regardless of dollar value under § 3903(a).	Up to 10 years jail, $25,000 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.

Section 3921 sets the offense; § 3903 sets the grade by value and property type. Property worth $2,000 or more is a third-degree felony, and a firearm or motor vehicle is a second-degree felony regardless of value. Below that it is a first-degree misdemeanor from $200 to under $2,000, a second-degree misdemeanor from $50 to under $200, and a third-degree misdemeanor under $50.
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.
Yes, and it happens routinely — the affidavit pleads § 3921 for the taking and § 3925 for the possession so the Commonwealth has two theories to fall back on. They cannot both survive to sentencing on a single item, so part of the defense is forcing the prosecutor to commit to one theory and litigating the weaker element of it.
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.

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