Theft

As a general rule, the more rural the county the more harshly they will view any charge, including theft. This dynamic in and of itself can significantly increase your risk of receiving a sentence of incarceration.

At that hearing, credibility is not at issue. What I mean by that is the Judge MUST accept EVERYTHING the Commonwealth witness says as true. This dynamic can frustrate a person charged with an offense, most notably in circumstances where they believe the facts are being exaggerated or fabricated all together.

In that circumstance the defendant must understand that the preliminary hearing is only one stop in the criminal justice process. And, even though the burden is very much tilted towards the Commonwealth at that stage, the hearing can still serve as a great place to cross examine witnesses and lock them into testimony which can be used at trial if need be.

There are certain circumstances where what is taken matters, such as firearms or motor propelled vehicles. But, overall, in determining the grading of a theft offense in Erie PA, the value of the property allegedly taken is often the determining factor. Grading can range from a felony to a summary depending on which charge it is and how much was allegedly stolen.

For instance, with regards to theft by unlawful taking, if the amount taken is above $2,000 it will be a felony of the third degree. If the amount taken was less than $50 it is a misdemeanor of the third degree. This dynamic makes it important for you and your criminal defense attorney to understand what they are saying you took and how much it may be worth.

Often, law enforcement will find an individual in possession of a stolen piece of property. Often they aren’t sure exactly how or when the person came into possession of the property. Did they steal it or did someone else who then gave it to them? In those circumstances, they will charge a person with both theft and receiving to allow them to pivot to one or the other when the evidence becomes more clear. Although this can feel frustrating, it is important to remember that receiving stolen property “merges” into theft by unlawful taking. Since the charges “merge” you cannot and will not be sentenced separately on both.