Most drivers were unhappy with the high cost of gas this fall. Two New Jersey men apparently dealt with the expense by stealing gas from a Pennsylvania service station.

In Pennsylvania, retail theft, also known as shoplifting, is its own criminal category. Whether the charge is a misdemeanor or felony depends on the amount stolen and whether it's someone's first or subsequent offense. The amount stolen and whether someone has previous offenses also affect potential fines and prison time if they're found guilty.

If you've been charged with theft in Pennsylvania, the LLF Law Firm Criminal Defense Team can help. If you're facing theft or other criminal charges, contact us at 888-535-3686 or on our website.

Plenty of Storage Space

The two New Jersey men were arrested for stealing nearly 600 gallons of gas. Each man was subsequently charged with three felonies, including retail theft.

In some ways, what's surprising is that the two men were not caught with more gas. When police arrested them, police found their vehicle had been altered to store thousands of gallons worth of gas. The box truck had a false front and the following tanks for gas storage:

• Two 150-gallon saddle fuel tanks
• A 1,275-gallon inner storage tank

Given the alterations to the trunk, it may be difficult for either man to argue that the crime was a spur-of-the-moment idea. The two men also would not have been able to escape prosecution by using the gas: In Pennsylvania, police may proceed with retail theft charges even when they cannot locate the stolen merchandise or present it at a trial.

Retail Theft

Retail theft is just one category of theft in Pennsylvania. Receiving stolen property, stealing intellectual property, and forgery are different types of theft charges in the state. Retail theft is stealing items from a store.

The amount an individual stole and any previous convictions they have for theft both play a role in the charges filed and their sentence. Sentencing can include fines and jail time.

For retail theft, Pennsylvania uses the full retail value of an item when determining the financial amount of the stolen property. In general, any amount under $1,000 is a misdemeanor, while any amount over $1,000 is a felony. The exception is that, upon a person's third offense, theft is automatically a felony regardless of the amount taken.

Retail theft is not just the taking of any item. It can also include:

• Changing a label or container to obtain a price below the full retail value
• Intentionally under-ringing merchandise
• Destroying, removing, or otherwise tampering with security tags or sensors

If found guilty, the two New Jersey men may face additional fines. Pennsylvania allows for additional fines for motor oil theft. These additional fines, at minimum, range from $100 to $500. For the third or subsequent offense, individuals may also have their driver's license revoked for up to 30 days.

A misdemeanor or felony conviction can hurt your career opportunities and even where you live. One reason to hire an attorney is that, even if you're guilty, a lawyer can help you obtain a reduced sentence or lesser charge.

Don't Steal From Your Future

Shoplifting, or retail theft, is not a victimless crime. That's why Pennsylvania increases sentencing requirements for repeat offenders and for certain types of offenses.

Retail theft can also have long-lasting repercussions for the accused. Shoplifting may sound like a “minor” crime, but it can result in a fine or prison time, affect your job prospects, or limit where you can live. If you or a loved one is facing a misdemeanor, the LLF Law Firm Criminal Defense Team can help. Contact us at 888-535-3686 or on our website.