Pennsylvania has various forms of theft categorized under different charges, including section 3921 of the criminal code. This charge describes theft by unlawful taking, and penalties may be severe depending on the alleged value of the property.
Theft by unlawful taking may be charged for the theft of movable property, like personal belongings, or immovable property, like real estate or financial accounts. The property need not be moved, but the defendant may be accused of unlawfully exercising control over it in a way that deprives the rightful owner. Review the specific facts and circumstances of your case with your attorney to determine the best defense strategy for your case.
Start with a free, private case review by calling our defense attorneys for Pennsylvania Title 18, Chapter 3921 charges at Kenny, Burns & McGill at (215) 423-5500.
How Theft Charges Under Title 18 Section 3921 May Be Charged in Pennsylvania
Charges for theft by unlawful taking may apply to both movable and immovable property.
Movable Property
Under the law, a defendant may be charged with theft by unlawful taking if they take or exercise control over movable property belonging to another. The control must be unauthorized, and the defendant must intend to deprive the rightful owner of the property. Charges may be assessed for minor theft crimes as well as larger offenses involving more significant property.
Immovable Property
Property does not have to be removed from its original location to be considered “stolen.” If a defendant is accused of exercising unlawful control over immovable property in a way that deprives the rightful owner of the property’s benefits, they may be charged with theft by unlawful taking.
Grading of Charges
Theft charges can be unpredictable because they are graded based on various factors, primarily the value of the stolen property. For example, theft of property worth at least $50 but less than $200 may be charged as a second-degree misdemeanor. If the property is worth more than $2,000, a defendant may be charged with a third-degree felony. Theft involving property worth $500,000 or more may be charged as a first-degree felony.
How Can I Fight Theft Charges
How we fight theft charges will ultimately depend on the specific facts of your case, the property involved, and the evidence available.
Challenge the Alleged Value
The defendant may claim that the allegedly stolen property is quite valuable. Our defense attorneys for Pennsylvania Title 18, Chapter 3921 charges might have proof to the contrary. If the victim and prosecutor are overvaluing the property, thereby inflating your charges, we may challenge the property’s value.
You Own the Allegedly Stolen Property
Perhaps there was a mistake, and the property stolen actually belongs to you. This kind of scenario often results from misunderstandings between the police and witnesses. If we have evidence of ownership, such as titles, deeds, or proof of purchase, we may be able to persuade prosecutors to drop the charges.
Lack of Intent
A key element of charges for theft by unlawful taking is the defendant’s alleged intent to deprive the rightful owner of the stolen property. If you had no such intention, perhaps because the “theft” was a mistake or result of a misunderstanding, tell your attorney immediately.
FAQs About Fighting Charges for Theft by Unlawful Taking Under Title 18 Section 3292
What Are Criminal Charges Under Title 18 Section 3921 in Pennsylvania?
Charges under 18 Pa.C.S. § 3921 are for theft by unlawful taking. The law defines theft charges involving “movable property,” which is often personal belongings, in addition to “immovable property,” which could be real estate, assets, or accounts.
What Should I Do if I am Arrested for Theft in Pennsylvania?
If you are arrested for theft, remain calm and cooperate with the police. Even if you know you are innocent, resisting arrest may lead to additional charges and penalties. Avoid discussing the alleged offense with the police until you can contact an attorney to help you.
Under What Circumstances Can Someone Be Charged with Theft by Unlawful Taking?
A person may be charged for allegedly taking something as small as a watch, cellphone, or piece of jewelry. They may also be charged with stealing something more valuable, such as a car. Stealing immovable property is trickier, as it often involves exercising control over property in a way that deprives the owner.
How Are Theft Charges Graded?
Theft charges are typically graded based on the value of the property that was allegedly stolen. To be a felony, the property must be worth at least $100,000, include a firearm, or include anhydrous ammonia. Property that is worth at least $50 may be graded as a misdemeanor.
How Can I Challenge the Value of Allegedly Stolen Property?
The value of some property is subjective or may fluctuate under certain conditions. For example, determining the value of allegedly stolen jewelry may vary based on the market value of the gold and other precious materials used to create it. Still, property owners often overvalue their property or attempt to inflate its value artificially.
How Can I Prove I Own the Property I am Accused of Stealing?
Sometimes, people are accused of stealing property that they legally own. This may be due to a misunderstanding or because someone wants to get you in trouble. Either way, we may present formal documentation, such as titles or deeds, or records of purchase, such as receipts, to prove ownership.
What if I Stole Something by Accident?
It is possible that whatever property you are accused of taking was taken by mistake. You might have picked it up believing it was abandoned or mistook it for something you own. People often accidentally take bags, purses, and even cell phones. Once you realize the mistake, your attorney can help you clear the air.
Will I Go to Jail for Charges for Theft by Unlawful Taking in Pennsylvania?
Possibly. Since criminal charges for theft by unlawful taking are graded largely based on the value of the property, you may go to jail if convicted, depending on what was supposedly taken. The more valuable the property, the more serious the potential jail time could be.
Do I Need a Lawyer if I am Charged with a Theft Offense in Pennsylvania?
Yes. Even when the property involved in the case is not particularly valuable, you do not want to deal with a theft conviction on your record. An attorney can help you fight the charges and clear your name.
What Evidence Do I Need to Fight Charges for Theft?
You may need evidence of the value of the allegedly stolen property to prove that it is not as valuable as the authorities claim. Alternatively, we may need evidence of ownership. If the victim did not actually own the allegedly stolen property, prosecutors may be unable to prove it was stolen at all.
Get Legal Help from Our Defense Attorneys for Pennsylvania Title 18 Chapter 3921 Charges
Start with a free, private case review by calling our defense attorneys for Pennsylvania Title 18, Chapter 3921 charges at Kenny, Burns & McGill at (215) 423-5500.
