Pennsylvania Theft by Unlawful Taking Lawyer - Theft by Unlawful Taking Charges - Theft Charges Lawyer Near Me - Theft By Unlawful Taking Sentence in Pennsylvania

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The Pennsylvania Criminal Code 18 Pa.C.S. Sec. 3921 defines theft as theft by unlawful taking or disposition. This means you could be charged under this statute if you were to steal property from another with the intent to deprive them of the property. This statute divides theft into two categories: movable and unmovable.

You may be wondering, “What is theft by unlawful taking?” Theft by unlawful taking is when a person unlawfully takes or exercises unlawful control over moveable property of another with intent to deprive the other person.

If you are charged in Pennsylvania with theft by unlawful taking charge, call Worgul, Sarna, & Ness at 412-530-4805 or fill out our online form.


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theft by unlawful taking theft by unlawful taking moveable property theft by unlawful taking sentence in pennsylvania

What Is Theft by Unlawful Taking?

Under 18 Pa.C.S. § 3921, theft by unlawful taking can apply to either movable or immovable property. In both cases, the prosecution must prove that you took property intentionally and without the owner’s consent, with the goal of depriving them of it permanently or benefiting yourself or someone else.

Theft of Movable Property

You can be charged with theft of movable property if you unlawfully take or control items that can be physically moved. This includes:

  • Electronics
  • Jewelry
  • Cash
  • Tools or equipment
  • Personal belongings

Even temporarily exercising control over someone else’s property, without their permission, can result in a charge.

Theft of Immovable Property

Theft of immovable property involves taking control over real estate or property that cannot be moved. Examples include:

  • A home or building
  • A tract of land
  • A property title transferred without consent

This charge often arises in complex civil disputes but carries criminal penalties if proven intentional and unlawful.

Theft vs Retail Theft in Pennsylvania

Under Pennsylvania law, if you commit theft it means you took property from another person, not from a store or business. In Pennsylvania, theft and shoplifting are separate offenses because if you were to steal property from a store you would be charged with retail theft, not unlawful taking.

Penalties for Theft by Unlawful Taking in Pennsylvania

Under Pennsylvania law, the seriousness of the grading for theft is based on the value of the property taken. You may be wondering, “What is the theft for unlawful taking sentence in Pennsylvania?” Sentencing for Theft By Unlawful Taking can vary as the charge can be graded as a Misdemeanor or a Felony. Below is a summary of the grades based on the value of the property that was taken:

In most cases, if the property’s value is:

  • More than $2000 — felony of the third degree, punished with up to seven years in prison and a fine up to $15,000
  • $2,000 to $200 — misdemeanor of the first degree, punished with up to five years in prison and a fine up to $10,000
  • $200 to $50 — misdemeanor of the second degree, punished with up to two years in prison and a fine up to $5,000
  • Less than $50 — misdemeanor of the third degree, punished with up to one year in prison and a fine up to $2,500

Enhanced Penalties May Apply

If the theft took place during a natural or man-made disaster, or if the stolen property was a firearm, the offense can be graded as a felony of the second degree punished with up to 10 years in prison and a fine up to $25,000.

What to Do If You’ve Been Charged with Theft by Unlawful Taking

A theft conviction can haunt you for years, long after any jail sentence is served. It can impact your:

  • Job prospects, especially in fields like finance, retail, or sales
  • Ability to rent housing
  • Professional licensing or certifications
  • Immigration status, if you’re not a U.S. citizen

Protect Yourself Immediately:

  • Do not speak to police or prosecutors without an attorney present
  • Be honest and detailed with your lawyer about what happened before, during, and after your arrest
  • Start building your defense early, especially if your case involves prior charges or complex facts

Even if the alleged theft was impulsive or the result of a misunderstanding, the consequences can be permanent. That’s why it’s critical to retain an experienced theft defense attorney right away.

Talk to a Pittsburgh Theft Defense Lawyer Today

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At Worgul, Sarna & Ness, Criminal Defense Attorneys, we know how to challenge theft charges aggressively and strategically. From negotiating reduced charges to seeking full dismissals, we fight to protect your freedom and your future.

Call (412) 281-2146 or email us atadvice@pittsburghcriminalattorney.com for a free, confidential consultation.

Don’t let a theft charge define your future. We’re here to help.


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