Some charges are always misdemeanors or felonies. Murder is a felony offense, while possession of small amounts of marijuana is usually a misdemeanor. Other crimes are technically “wobbler” offenses.
Prosecutors can pursue either felony or misdemeanor charges against the defendant, depending on the circumstances. People often assume that theft offenses that do not involve violence or the use of a weapon are misdemeanors, but that is not always true.
There are certain scenarios in which theft or even shoplifting can lead to felony charges. What factors increase the severity of Pennsylvania theft charges?
The value of the property
Anyone who steals more than $2,000 in cash or property is likely to face felony charges. In retail theft or shoplifting scenarios, the state can potentially pursue felony charges when the total value of the stolen items reaches $1,000.
The theft of certain property
State statutes identify certain types of property that always warrant felony prosecution, regardless of the fair market value of those assets. The theft of a vehicle, including a car, motorcycle or boat, is a felony regardless of the value of the vehicle or vessel. The theft of a firearm is also always a felony crime under current Pennsylvania statutes.
As a closing note, in cases involving retail theft in particular, third and subsequent offenses are felonies, regardless of the type of property or the value of the merchandise. Individuals facing either misdemeanor or felony theft charges often need help responding to avoid a conviction or minimize the penalties imposed by the state. Consulting with a criminal defense attorney can be beneficial for those who hope to fight their charges.