If you were stopped by store security, questioned by police, or learned there’s a warrant with your name on it, you may need a lawyer. Pennsylvania theft laws are complex, and small details can change the outcome of your case. Our Butler criminal defense lawyers defend people across Western Pennsylvania.
We can help protect your record, your job, and your future. Call 878-888-0311 or contact us for a free, confidential consultation.
What is Considered a Theft Crime in Butler, PA?
In Pennsylvania, the term “theft” covers many different behaviors. Some cases involve shoplifting a small item. Others center on alleged fraud or high-value losses. The exact charge and possible punishment depend on the facts, the value involved, and your criminal history.
Types of Theft Crimes We Defend
Theft changes can vary widely, from minor shoplifting to serious felony offenses. Each carries different penalties and long-term consequences that can impact your future. Our attorneys help clients understand the distinctions between theft crimes and build strong defenses tailored to their unique situations.
Retail Theft (Shoplifting)
Retail theft includes accusations that someone took merchandise, altered a price tag, “under-rung” items at self-checkout, or used a booster bag. “Organized retail theft” is a separate charge and can be a felony based on the total value involved.
Grading:
- First offense, value under $150 = Summary offense
- Second offense, value under $150 = Misdemeanor 2
- First/second offense, value $150–$999 = Misdemeanor 1
- Any third offense, or theft of $1,000+ = Felony 3
- Theft of a firearm or motor vehicle = Felony 3
Theft by Unlawful Taking or Disposition
This term describes allegations of “taking or exerting control over someone else’s movable or immovable property with the intent to deprive.” Unlike retail theft, this usually refers to stealing from an individual rather than a business.
Grading:
By value of stolen goods.
- Amount under $50 = Misdemeanor 3
- $50–$199 = Misdemeanor 2
- $200–$1,999 = Misdemeanor 1
- $2,000–$99,999 = Felony 3
- $100,000–$499,999 = Felony 2
- $500,000+ = Felony 1.
Receiving Stolen Property
Receiving stolen property includes accusations of buying, keeping, or selling property while knowing (or believing) it was stolen. Penalties match Theft by Unlawful Taking (M3 up to F1)..
Grading:
By value of stolen goods.
- Amount under $50 = Misdemeanor 3
- $50–$199 = Misdemeanor 2
- $200–$1,999 = Misdemeanor 1
- $2,000–$99,999 = Felony 3
- $100,000–$499,999 = Felony 2
- $500,000+ = Felony 1.
Theft by Deception
This charge is distinguished by obtaining or withholding property by creating or reinforcing a false impression. You may imagine classic “con” scenarios or certain online marketplace situations.
Grading:
By value of stolen goods.
- Amount under $50 = Misdemeanor 3
- $50–$199 = Misdemeanor 2
- $200–$1,999 = Misdemeanor 1
- $2,000–$99,999 = Felony 3
- $100,000–$499,999 = Felony 2
- $500,000+ = Felony 1.
Embezzlement / Failure to Make Required Disposition
This means that funds entrusted to you were allegedly used for another purpose.
Grading: Penalties are based on the same value scale (M3 up to F1) with higher scrutiny if fiduciary duties were involved.
Access Device Fraud / Identity Theft-related Conduct
This usually refers to theft involving the use of another person’s cards or personal credentials.
Grading: Can range from Misdemeanor 1 to Felony 3, depending on the number of devices, amounts obtained, and prior convictions.
Organized Retail Theft
This term describes coordinating or managing an “enterprise” that steals for resale.
Grading:
Felony or misdemeanor depending on the aggregate value of the stolen goods.
- Less than $1,000 = Misdemeanor 1
- $1,000–$49,999 = Felony 3
- $50,000+ = Felony 2
What Jail Time and Fines Should I Expect for Theft Crimes in Butler?
Below are the maximum sentences for theft crimes under Pennsylvania law. Your actual outcomes will vary according to your criminal record and the facts of the case.
-
Summary (retail theft first offense < $150)
• Max Jail/Prison: Up to 90 days
• Max Fine: Typically up to $300
• Notes: Retail-specific statute; can include restitution. -
Misdemeanor 3 (M3)
• Max Jail/Prison: Up to 1 year
• Max Fine: Up to $2,000
• Notes: Often for <$50 thefts if not taken from a person and no threat. -
Misdemeanor 2 (M2)
• Max Jail/Prison: Up to 2 years
• Max Fine: Up to $5,000
• Notes: Often for $50–$199 (no threat, not from person). -
Misdemeanor 1 (M1)
• Max Jail/Prison: Up to 5 years
• Max Fine: Up to $10,000
• Notes: Default grade when not otherwise specified. -
Felony 3 (F3)
• Max Jail/Prison: Up to 7 years
• Max Fine: Up to $15,000
• Notes: Amount > $2,000; vehicle theft; RSP dealers; certain retail theft scenarios. -
Felony 2 (F2)
• Max Jail/Prison: Up to 10 years
• Max Fine: Up to $25,000
• Notes: Firearm theft; disaster conditions; $100,000–$499,999. -
Felony 1 (F1)
• Max Jail/Prison: Up to 20 years
• Max Fine: Up to $25,000
• Notes: Amount ≥ $500,000; certain firearm-RSP cases.
Will I Have to Pay Restitution to the Person I Stole From?
Courts in Pennsylvania can order restitution to cover the value of what was allegedly stolen or damaged. Restitution is in addition to standard court costs, administrative fees, and fines, which can add up quickly. These financial obligations are separate from criminal penalties like jail or probation and must be satisfied even if no incarceration is imposed.
Working with an experienced theft crimes lawyer may help reduce these financial consequences. A strong defense could lead to dismissed charges, eligibility for diversion programs, or a negotiated plea to a lesser offense. Each of these outcomes can lower restitution, fines, or long-term costs.
Legal representation may be a valuable investment in your financial future.
What Are Civil Demands?
If you’ve been accused of shoplifting, retailers can send civil demand letters seeking the item’s value and an additional $150 penalty (with limits and notice rules). Civil demands are separate from criminal court, but be careful. Paying civil demands may affect your case, and these letters are often sent whether or not charges have been filed. Talk to a lawyer before paying.
The Butler Legal Process for Theft Cases
Every case is unique, but most Butler theft cases follow this path:
Accusation, Stop, or Investigation
Store loss prevention or police may detain or contact you. If you’re questioned, you have the right to remain silent and ask for a lawyer. We advise you on how to exercise your rights, prevent self-incrimination, and begin gathering evidence that could stop charges from being filed in the first place.
Charges Issued / Arrest
For many theft cases, the process begins with a summons. In others, there’s an arrest and immediate bail considerations. We help secure reasonable bail, represent you at hearings, and ensure that procedural errors—like unlawful searches—are identified right away.
Preliminary Hearing (Magisterial District Court)
Your first court appearance is typically at a local Magisterial District Judge (MDJ). The Commonwealth must show a prima facie case (basic evidence that the offense occurred and you’re likely the culprit). In Butler County, MDJ courts include District 50-3-05 at 107 Woody Drive, Butler, PA 16001. We cross-examine witnesses, challenge the store’s video or inventory methods, and negotiate for dismissals, charge reductions, or withdrawal of counts.
Formal Arraignment (Court of Common Pleas)
If your case is “held for court,” it goes to the Butler County Court of Common Pleas at the Government/Judicial Center, 124 W. Diamond Street, Butler, PA 16001. You’ll enter a plea and receive deadlines. We guide you through plea decisions, protect you from making admissions that could harm your defense, and prepare for the next phase of litigation.
Discovery & Investigation
We obtain reports, videos, receipts, loss prevention statements, and any forensic accounting. We may pursue store training records or inventory procedures when relevant. We review every piece of evidence for weaknesses, consult experts if needed, and conduct our own investigation to develop defense strategies.
Negotiations, ARD, or Diversion
Many first-time, non-violent cases are considered for Accelerated Rehabilitative Disposition (ARD). This is a program that pauses prosecution and can end in dismissal/expungement when completed. Butler County Adult Probation provides ARD supervision information and requirements. We negotiate with prosecutors for ARD eligibility, reduced charges, or alternative programs, helping you avoid a damaging conviction.
Pre-Trial Motions & Hearings
Motions may address suppressing statements, excluding shaky identification, or limiting prejudicial evidence. We file and argue motions that could exclude harmful evidence, strengthen your trial position, or even result in a dismissal before trial begins.
Trial (Judge or Jury)
The Commonwealth must prove every element beyond a reasonable doubt. We challenge identity, intent, valuation, aggregation of amounts, and chain of custody. We present a strong defense by cross-examining witnesses, exposing flaws in the prosecution’s case, and presenting evidence that supports your innocence or reduces culpability.
Sentencing (If Convicted)
Pennsylvania’s Sentencing Guidelines consider your Offense Gravity Score and Prior Record Score. Restitution and fines can apply; probation terms can be negotiated. We argue for leniency, alternatives to incarceration, and manageable restitution plans to minimize long-term consequences.
Appeals & Record Relief
Depending on outcomes, we evaluate direct appeals and, where eligible, expungement or limited access. We pursue appellate remedies, fight for expungement or record-sealing where possible, and advise you on how to move forward with fewer obstacles.
Butler Courts, Resources, and Contacts
These resources may help you understand where your case will be handled and who to contact. Always consult your attorney before communicating with authorities.
- Butler County Courts of Common Pleas
Address: 124 W. Diamond St., Butler, PA 16001
Main line: 724-285-4731.
Website: Courts of Common Pleas
Notes: Hears felony theft cases and appeals from Magisterial District Courts. - Butler County Clerk of Courts
Address: Government/Judicial Center, 124 W. Diamond St., Butler, PA 16001
Phone: 724-284-5233
Website: Butler County Clerk of Courts
Notes: Handles records, payments, and filings. - Prothonotary (Civil Filings)
Address: First Floor, Government Center, 124 W. Diamond St., Butler, PA 16001
Phone: 724-284-5214
Website: Butler County Prothonotary
Notes: Useful for civil shoplifting/demand letter issues. - Magisterial District Courts (MDJ)
Example: District 50-3-05, 107 Woody Dr., Butler, PA 16001
Website: Butler County MDJs
Notes: Handles preliminary hearings and summary offenses. - Adult Probation
Address: 124 W. Diamond St., Butler, PA 16001
Phone: 724-284-5259
Website: Butler County Adult Probation
Notes: Oversees ARD supervision, restitution, and reporting. - Butler County Prison
Address: 202 S. Washington St., Butler, PA 16001
Phone: 724-284-5256
Website: Butler County Prison
Notes: Provides inmate visitation and mail policies. - City of Butler Police Department
Address: 200 W. New Castle St., Butler, PA 16001
Non-emergency line: 724-287-7743
Website: City of Butler Police
Notes: Local law enforcement for incidents within city limits. - Butler Township Police Department
Address: 290 South Duffy Rd., Butler, PA 16001
Phone: 724-285-9600
Website: Butler Township Police
Notes: Handles investigations and arrests within Butler Township.
Why Choose Worgul, Sarna & Ness for Your Theft Case in Butler
When theft charges put your record at risk, you need an experienced defense team that knows the local courts. We have over 25 years of combined experience and 300+ 5-star reviews.
Local Presence
Our Butler office is conveniently located at 127 E Cunningham St #2, Butler, PA 16001. We meet with clients by appointment and remain available 24/7 for urgent legal situations.
Clear, Actionable Strategy
From the very beginning, we lay out your legal options in detail. Whether that means pursuing Accelerated Rehabilitative Disposition (ARD), negotiating with the prosecution, or preparing for trial, we explain the pros and cons of each path in straightforward terms.
Courtroom-Ready
Some cases can be resolved early through negotiation or diversion programs, but others must be fought in court. If your case requires it, we are fully prepared to challenge the evidence at the Magisterial District Court level and continue that fight in the Butler County Court of Common Pleas.
Focused on Results That Matter
A theft conviction can create barriers to employment, professional licensing, and housing. Our focus is on outcomes that protect your record and help preserve your opportunities for the future.
Our Approach at a Glance
- We conduct an early review of key evidence such as store video footage, receipts, and loss-prevention reports.
- We challenge questionable property valuations and aggregation of multiple alleged thefts into one higher charge.
- We negotiate for dismissals, charge reductions, or ARD consideration where appropriate.
- We prepare you for collateral issues such as civil demand letters from retailers under 42 Pa.C.S. § 8308.
- We provide guidance on restitution obligations, payment plans, and opportunities for record relief like expungement or limited access petitions.
Frequently Asked Questions About Theft in Butler
Is shoplifting really a crime if I didn’t leave the store?
It can be. Under Pennsylvania’s retail theft statute, altering tags, concealing items, or under-ringing can qualify as shoplifting; leaving the store isn’t always required. Evidence typically includes video, receipts, and loss-prevention testimony.
What if this is my first offense?
For a first retail theft under $150, the case is often a summary offense. But every situation is different, and there may be defenses or alternatives such as ARD that can keep your record clear. We’ll evaluate both the charge and ARD eligibility.
What are the maximum penalties for theft in Pennsylvania?
Maximums range from 90 days for some summary retail thefts up to 20 years for a first-degree felony, depending on grading and specifics. Fines also vary, but can be up to $25,000 for some felonies. Actual sentences depend on the Guidelines and your criminal record.
The store sent me a letter demanding money. Do I have to pay it?
Pennsylvania law lets retailers pursue a civil penalty (often the item’s value plus $150) separate from the criminal case. Talk to a lawyer before paying. Your response can affect your defense strategy.
Where will my hearing be?
Most cases start at a Magisterial District Court near where the incident happened, then move to the Butler County Court of Common Pleas if they’re held for court. When you choose Worgul, Sarna & Ness, we’ll confirm your exact courtroom and appear with you.
Talk to a Butler Theft Crimes Lawyer Today
Facing a theft charge in Butler? The sooner you act, the more options you have. We can help you make a plan that protects your record and your future.
We defend retail theft, theft by unlawful taking, receiving stolen property, and related charges throughout Butler County. Call 878-888-0311 or contact us online for a free, confidential consultation.
