Additionally, the unlawful taking of property worth less than $500,000 but more than $2,000 is also a felony of the third degree. Thefts of vehicles are often charged as Receiving Stolen Property instead of TUT because it is fairly rare for the police or owner of the vehicle to see who actually stole the motor vehicle. Third Degree Felony: Stealing movable or immovable property is often a felony of the third degree because stealing a motor vehicle such as a car, boat, motorcycle, or dirt bike is a felony of the third degree. Likewise, if the offense occurs during a disaster or war, it becomes a felony of the second degree. Second Degree Felony: The unlawful taking of a firearm when the defendant is not involved in buying and selling firearms is a felony of the second degree. It is also a felony of the first degree when the stolen property is worth $500,000 or more. It is not enough for the prosecution to show only that the property was a firearm. The gradation and potential sentence of the charge is determined as follows: When is Theft a Felony in PA?įirst Degree Felony: Theft by Unlawful Taking is a felony of the first degree when the prosecution can show that the property involved is a firearm and that the defendant is in the business of buying and selling firearms. Because the offense can range from a summary offense to a felony of the first degree, the charges can quickly become extremely serious. The gradation of the charge depends on the value and type of the property involved. Gradation of Theft Charges - Is Theft a Misdemeanor Or a Felony in PA? Theft by Unlawful Taking is often charged along with Receiving Stolen Property, and the two offenses merge at sentencing if the defendant is convicted of both criminal offenses. In that context, a person could be guilty of Theft by Unlawful Taking of immovable property if the person "unlawfully transfers, or exercises unlawful control over, immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto." Thus, transferring the deed to real estate to yourself without permission could be evidence of Theft by Unlawful Taking of immovable property. Immovable property could be something like stock ownership or other financial assets. The charge may also apply in the context of immovable property. A person has committed Theft by Unlawful Taking - Movable Property when the person "unlawfully takes, or exercises unlawful control over, movable property of another with intent to deprive him thereof." In essence, it is taking property that does not belong to you with the intent to keep it permanently. It can range in gradation from a summary offense to a Felony of the Third Degree. Theft by Unlawful Taking is perhaps the most commonly charged theft offense in Pennsylvania state court. What is Theft by Unlawful Taking in Pennsylvania? We are understanding, dedicated defense attorneys who will use our high level of skill and extensive knowledge of the justice system on your behalf. We have extensive experience representing clients in these types of cases in both Pennsylvania and New Jersey, and our criminal defense lawyers offer a 15-minute criminal defense strategy session to every potential client who is under investigation or facing criminal charges. Convictions can also be extremely damaging for any professional who has to deal with professional licensing issues. Any criminal conviction could result in jail time or a lengthy period of probation, and a conviction for stealing will likely make it much more difficult to keep or obtain a job. If you are facing allegations of stealing someone else's property, call 26 for a complimentary, 15-minute criminal defense strategy session. Our criminal defense attorneys recognize that even misdemeanor and summary offenses can have significant consequences for the defendant. The Philadelphia criminal defense lawyers of Goldstein Mehta LLC can help you or your loved one with Theft by Unlawful Taking ("TUT") charges and other types of theft charges. Fighting Unfair Theft Charges in PA and NJ
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