If you are looking for a retail theft lawyer in Bucks County or Montgomery County, our attorneys at Penglase & Benson Inc. can step in and help you protect your record.
You may have been stopped by store security, questioned by the police, or contacted about shoplifting merchandise or receiving stolen property. At this stage, you need clear direction on what to do next and what you should avoid doing.
Our defense attorneys are former prosecutors who understand how theft crimes are handled under Pennsylvania law. We take the time to review the police reports, witness statements, and store evidence tied to your case, then work to reduce the risk of a criminal conviction that could affect your job, background checks, or licensing.
When you hire us, you get legal counsel that covers every step: communicating with the police, preparing you for court, and dealing with the prosecutor to pursue reduced charges or other outcomes that limit the penalties of a retail theft charge
Pennsylvania’s retail theft laws reach further than most people realize. Many cases begin with routine moments in a store that get interpreted as intent to steal. Retail theft includes any act that suggests merchandise was taken, concealed, or handled in a way that avoided paying the full marked price. In everyday situations, that can look like:
Any of these situations can lead to a retail theft charge under Pennsylvania law, even when the value is low or the incident was unintentional. The grading of the offense depends on several factors:
A first offense handled as a summary offense carries very different consequences from a first-degree misdemeanor or a felony retail theft charge.
When we review a case, we look closely at the store video, witness statements, and the sequence of events to determine what actually happened and whether the prosecution’s case reflects it. Many shoplifting charges in Bucks County and Montgomery County can be challenged based on gaps in the evidence, misunderstandings in the store report, or problems with how security personnel interpreted your actions.
Understanding what counts as retail theft is the starting point for building a defense that protects your record and avoids a long-term criminal conviction.
The penalties for retail theft in Pennsylvania depend entirely on two details:
Those factors control the grading, the potential punishment, and the impact on your record.
Retail Theft Penalties in Bucks County and Montgomery County
Summary Offense
Under $150
First offense only
Summary
Up to 90 days in jail, fine up to $300
Second Degree Misdemeanor
Under $150
Second retail theft offense
M2
Up to 2 years in jail, fine up to $5,000
Prior acceptance of ARD or similar programs can count as a prior offense.
First Degree Misdemeanor
$150 or more
First or second retail theft offense
M1
Up to 5 years in jail, fine up to $10,000
Many first-time higher-value cases still qualify for negotiated reductions or diversion.
Third Degree Felony
Any value with 3+ prior offenses, or amount involved over $1,000, or merchandise is a firearm or motor vehicle
Third or subsequent offense, or qualifying high-value
/
property type
F3
Up to 7 years in prison, fine up to $15,000
Aggregating multiple incidents under one scheme can push a case into felony territory.
Related Theft Offenses
Varies
Varies
M1–F1
Varies by statute and value
Receiving stolen property and organized retail theft are separate charges that can be misdemeanors or felonies depending on the facts
The grading tells only part of the story. A conviction creates a criminal record that appears in background checks for many years, even in lower-level summary cases. Employers in healthcare, childcare, financial services, transportation, and other trust-sensitive fields often treat retail theft as a dishonesty-based offense, which can affect hiring and licensing.
People who are not U.S. citizens have an additional concern. Retail theft, receiving stolen property, and related theft crimes can trigger immigration consequences because the conduct is treated as intent to permanently deprive the store of value. Even a first offense can cause problems with visas, adjustment, or naturalization.
Courts in Bucks County and Montgomery County also impose practical penalties. These include restitution to the store, court costs, mandatory programs, community service, and probation. Sentencing varies widely depending on the police report, the store evidence, whether video supports the prosecution’s case, and whether this is a first offense. Many people who contact us are eligible for reduced charges, diversion, or outcomes that avoid a criminal conviction.
Retail theft cases in Bucks County and Montgomery County follow a predictable path, and knowing that path helps you protect your record and avoid unnecessary penalties. The process starts at the store and moves through local Magisterial District Courts before it reaches any county-level judge.
Most cases begin when loss prevention staff detain you, ask for identification, and call the police. The officer may issue a citation on site, take a written statement, or release you with instructions to watch your mail. Anything you sign or say during this stage can affect the prosecution’s case, which is why many people reach out to a retail theft lawyer in Bucks County immediately.
Depending on the circumstances, the police may issue a citation for a summary offense, send you a summons for a misdemeanor retail theft charge, or request a warrant if they believe the incident qualifies as a felony under Pennsylvania shoplifting laws. The paperwork will list your charges, the value of the merchandise involved, and the Magisterial District Court handling your case.
Your first appearance is almost always in front of a Magisterial District Judge. These hearings are held in small local courts such as those in Doylestown, Bensalem, Warminster, Levittown, Quakertown, and other Magisterial District Courts in Bucks and Montgomery Counties.
This is where the judge reads the charges, discusses bail if needed, and schedules the next steps. Witness statements, store evidence, and police reports guide the early decisions, and the attorney you bring will shape how the case moves forward.
If your retail theft charge is a misdemeanor or felony, your case may continue to a preliminary hearing. The court reviews the evidence to determine whether the case should move to the Court of Common Pleas. A defense attorney will challenge the prosecution’s case, negotiate reduced charges, and look for ways to prevent a criminal conviction that affects employment or background checks.
In Bucks County and Montgomery County, many first-time retail theft cases can be resolved through diversion. Programs such as ARD or Community Accountability Panels allow eligible clients to complete community service, pay restitution, and avoid a permanent criminal record. Completion often positions you for expungement once the case closes.
Process Snapshot: What Each Stage Looks Like
Store stop
Retail store
Loss prevention detains you, calls police, collects statements
Prevent written statements that harm you
Citation / Summons
Police or mail
You receive charges for retail theft or receiving stolen property
Explain charges, timelines, next steps
MDJ Hearing
Local Bucks or Montgomery MDJ court
Judge reviews charges and evidence
Negotiate reduced charges and protect options
Preliminary hearing
District court
Determines if charges proceed
Challenge evidence and seek dismissal
Diversion
ARD, CAP
Community service, restitution, no record
Secure placement, guide completion
After resolution
Court of Common Pleas / Clerk
Expungement possible
File petitions and clear your record
A clear understanding of these steps gives you control during a stressful moment. Retail theft charges carry serious penalties under Pennsylvania law, and early guidance can prevent unnecessary fines, probation, or jail time.
Once you call us, you do not face this alone. We take over the communication, review the details, and begin building a defense tailored to what actually happened in the store and how the charge was filed in Bucks County or Montgomery County.
Our work starts with the evidence the prosecutor will rely on. Retail theft cases often turn on small details, and those details show whether the Commonwealth can prove intent or whether the incident was a misunderstanding, a scanner error, or an identification issue. We break the case down step-by-step so we know exactly where the weaknesses are and how to position you for a reduction, diversion, or dismissal.
Here are the tasks we handle as your defense attorneys:
Every case is different, but the goal is the same: protect your record, limit exposure to penalties under Pennsylvania law, and work toward an outcome that keeps a theft-related criminal conviction off your background checks. Our approach is detailed, methodical, and designed to give you back some control at a time when everything feels uncertain.
Speaking with a shoplifting lawyer early gives you a clearer sense of your options and protects you from avoidable mistakes that can affect your record, employment, or immigration status. Our defense attorneys are available to review what happened, explain the process in Bucks County or Montgomery County, and help you take control of a situation that may already feel overwhelming. You can contact us for a free initial consultation. We will walk you through what to expect and how we can support you moving forward.
You are not required to hire a lawyer, but having one can change the outcome of your case. Retail theft charges carry consequences that follow you long after court, including a criminal record, employment issues, and immigration risks. A lawyer helps you understand the evidence, deal with the police or prosecutor, and pursue reduced charges, diversion programs, or a dismissal when possible. Speaking with counsel early often prevents mistakes that make the situation worse.
Yes. In Pennsylvania, police routinely file retail theft charges after reviewing store surveillance footage, even if the incident happened days earlier. Stores keep detailed video logs, loss prevention reports, and time-stamped point-of-sale records. If your identity is confirmed through video, loyalty cards, vehicle information, or witness statements, the police can still issue a citation, summons, or warrant.
Most retail theft investigations move quickly. If you were stopped in or near the store, charges are often filed the same day. If the incident was caught on video after you left, police typically complete their review within a few days and send the paperwork to the district court. Once the citation or summons is issued, you will receive your court date in the mail.
The store does not need to recover the merchandise to move forward with charges. Prosecutors rely on video footage, witness statements, and loss prevention records to show that an item was taken, concealed, or not paid for. Even if the merchandise was discarded or damaged, the case can still proceed, and the court may require restitution based on the store’s documented value.
Missing a court date can lead to a bench warrant and additional penalties. The court may mark the case as a failure to appear, which creates more complications than the original retail theft charge. If you realize you missed a hearing, contact a lawyer immediately. An attorney can help you schedule a new date, address the warrant, and reduce the risk of being taken into custody.
