Theft by Unlawful Taking in Pennsylvania: Grading

Last updated October 4, 2026.

"Theft by unlawful taking" is the general theft charge in Pennsylvania, used for everything from a borrowed tool that was never returned to a car taken from a driveway. What makes it serious or minor is the grade, which turns on a short list of rules about value and the kind of property. This page sets those rules out and follows a theft case through Lawrence County. My general approach to criminal cases is on the main criminal defense page.

How does a theft case move through Lawrence County?

Every grade of this offense is at least a misdemeanor, so the case follows the criminal path:

Arrest or summons. Police may arrest without a warrant for any grade of theft, as they could for a felony (18 Pa.C.S. 3904). If the top charge is a second or third-degree misdemeanor and the person is no danger and likely to appear, the officer must release them, with a complaint within 5 days and a summons (Pa.R.Crim.P. 519(B)).
Preliminary arraignment. Anyone not released goes before a district judge, who reads the complaint and sets bail (Rule 540(F)), the step explained in how bail is set after an arrest in Lawrence County.
The district court. The complaint is filed with the magisterial district court for the place of the alleged theft. For Ellwood City, Ellport, Wampum and nearby townships, that is the office in what to expect at the Ellwood City district court.
The preliminary hearing. It must be set within 14 days if you are held on this case only, or 21 days if you are not (Rule 540(G)). Lawrence County holds every preliminary hearing at Central Court, 202 Milton Street, New Castle, on Tuesdays, Wednesdays and Thursdays at 9:30 a.m. The judge decides only whether there is a prima facie case (Rule 542(D)), as covered in what happens at a preliminary hearing in Lawrence County.
The Court of Common Pleas. The district attorney files the formal charges, called the information, and the case moves to the Courthouse at 430 Court Street. The Public Defender describes a formal arraignment, then a "Call of Trial" about a month later, then a plea or trial at the Lawrence County Courthouse. Rule 600 requires trial to start within 365 days of the complaint, counting only delay caused by the Commonwealth's lack of diligence (Rule 600(A)(2)(a), (C)(1)).
Sentencing and restitution. The District Attorney's roadmap describes a pre-sentence investigation by county probation officers. Restitution is required in every theft sentence (18 Pa.C.S. 1106(a)).

What does the Commonwealth have to prove?

Under 18 Pa.C.S. 3921(a), a person is guilty of theft if they "unlawfully take, or exercise unlawful control over, movable property of another with intent to deprive him thereof." Three parts of that definition do most of the work:

Property of another. This includes property someone else has an interest in, even if the accused has an interest too (18 Pa.C.S. 3901). So a dispute between co-owners or former partners can still be charged as theft.
Unlawful control. The statute covers exercising unlawful control over property, not only taking it away.
Intent to deprive. "Deprive" means withholding the property permanently, or so long that a major part of its value is used up, or holding it for a reward, or disposing of it so the owner is unlikely to get it back (3901). Whether there was an intent to deprive, rather than to give the property back, is often the real dispute.

A related section covers real estate and other immovable property, where the intent required is to benefit oneself or someone not entitled to it (3921(b)). Pennsylvania also treats theft as one offense: a theft charge may be proven by evidence that it was committed in any manner that counts as theft under the chapter, unless the defense would be unfairly surprised (3902). Shoplifting from a store has its own statute and grading, explained in is shoplifting a felony in Pennsylvania.

How is theft graded?

Theft grading (18 Pa.C.S. 3903; maximums from 1101, 1103, 1104)
What was taken	Grade	Maximum jail	Maximum fine
Less than $50	Third-degree misdemeanor	1 year	$2,500
$50 to under $200	Second-degree misdemeanor	2 years	$5,000
$200 to $2,000, or any amount taken from the person, by threat or in breach of a fiduciary duty	First-degree misdemeanor	5 years	$10,000
Over $2,000, or an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle	Third-degree felony	7 years	$15,000
A firearm; or $100,000 to under $500,000; or theft during a natural, manmade or war-caused disaster	Second-degree felony	10 years	$25,000
$500,000 or more	First-degree felony	20 years	$25,000

The three kinds of disaster are defined in the statute (3903(a)(1), (d)). Any amount of anhydrous ammonia is also a second-degree felony. The fine can exceed the table: a court may impose any higher amount equal to double the offender's gain from the offense (18 Pa.C.S. 1101(8)).

How is value decided?

Value is "the market value of the property at the time and place of the crime," or, if that cannot be satisfactorily determined, the cost of replacing it within a reasonable time (3903(c)(1)). If value cannot be established by those standards, the law deems it to be less than $50, the lowest grade (3903(c)(3)). Amounts taken in one scheme or course of conduct, from one person or several, may be added together to set the grade. At the $2,000 line, what an item cost new versus what it was worth that day can decide the grade. At the preliminary hearing, hearsay alone can be enough to show ownership, non-permitted use and value (Rule 542(E)), so a real dispute about value is often tested later, in the Court of Common Pleas.

What changes the answer?

The factors that move the grade or the charge, with the rule behind each:

How the property was taken. Taking from the person, by threat or in breach of a fiduciary obligation makes the theft a first-degree misdemeanor even below $200 (3903(b)).
The kind of property. A motor vehicle is a third-degree felony at any value (3903(a.1)); a firearm or any amount of anhydrous ammonia is a second-degree felony (3903(a)(2), (4)).
A car used, not kept. Driving someone else's vehicle without the owner's consent is the separate offense of unauthorized use, a second-degree misdemeanor that does not require an intent to deprive; it is a defense that you reasonably believed the owner would have agreed (3928).
A course of conduct. Several small takings in one scheme, such as from an employer over months, may be added together into a felony amount (3903(c)(3)).
Who owns what. Property in your possession is not "property of another" as to a creditor whose only interest is a security interest, even if the creditor holds title under a conditional sale (3901).
Damage rather than taking. Breaking or defacing property is a different offense with its own dollar lines, explained in criminal mischief in Pennsylvania.

Will I have to pay it back?

Restitution is mandatory on a theft conviction. When property is stolen, the court must order full restitution, regardless of current finances, on a lump-sum, monthly or other schedule (18 Pa.C.S. 1106(a), (c)). The amount is not reduced because the owner's insurance paid the loss; the court orders that part paid to the insurer instead (1106(c)(1)(i)). The court may not jail someone for failing to pay restitution when the failure comes from an inability to pay (1106(c)(2)(iii)).

In Lawrence County, Adult Probation's Collections Department manages payment. Its page says payments should begin immediately after sentencing, and the monthly plan is set by spreading the total owed over the months of probation or parole. A $50 monthly supervision fee applies to everyone on active supervision. Every defendant convicted in the Court of Common Pleas also receives a civil judgment (42 Pa.C.S. 9728(b)). Falling behind can lead to contempt, a supervision violation, a driver's license suspension, a credit bureau report, or referral to a collection agency that adds 25% to the balance. How such costs add up for one kind of case is shown in what a first DUI costs in Lawrence County.

When payments stop, the probation office must notify the court within 20 days, and the court then holds a hearing on contempt or a probation violation (1106(f)), the kind of hearing described in probation violation hearings in Pennsylvania.

Can I get ARD on a theft charge?

It is possible, and it is the district attorney's call. The Commonwealth may move for Accelerated Rehabilitative Disposition after a case is filed (Pa.R.Crim.P. 310), and the judge hears the facts and decides whether to accept the case, with no appeal from a refusal (Rule 313). Statements in an ARD application cannot be used against you in the criminal case (Rule 311(B)). Completing the program leads to dismissal of the charges and an order expunging the arrest record (Rules 319, 320). How the program works in general is described in ARD in Pennsylvania.

A worked example

For example, take a hypothetical employee of a small Ellwood City shop (not a real case) accused of taking power tools over four months. The receipts show the tools cost $2,600 new.

As one course of conduct, the takings may be added together (3903(c)(3)). But value is market value at the time and place of the theft, not the price new (3903(c)(1)). If used tools of that kind were worth $1,700 when taken, the total is under the $2,000 line, and the grade is a first-degree misdemeanor, up to 5 years and $10,000, instead of a third-degree felony, up to 7 years and $15,000 (3903(a.1), (b); 1103; 1104; 1101).

The preliminary hearing is at Central Court in New Castle. If the employee is convicted, the court must order full restitution; if the shop's insurer covered the loss, that part goes to the insurer (1106(c)(1)(i)). Later, once restitution is paid, a first-degree misdemeanor can be the subject of a petition for limited access after seven conviction-free years, and a third-degree theft felony after 10 (9122.1(a), (a.1)).

Common mistakes in theft cases

Valuing at the purchase price. The statute uses market value at the time and place of the theft (3903(c)(1)), which for used property can be far lower.
Treating a family or business dispute as purely civil. Property in which someone else has an interest can be "property of another" even if you share ownership (3901).
Missing the preliminary hearing. Failing to appear without cause is treated as a waiver of the right to be present, the hearing goes on without you, and a warrant follows (Rule 540(G)(2), 543(D)(3)).
Waiting to ask for a public defender. If you need one, the Public Defender says you must apply for each new charge and should call at least two weeks before the preliminary hearing.
Letting restitution slide. Unpaid balances can go to a collection agency with a 25% increase. If a medical problem prevents payment, the Collections Department asks for a doctor's verification.

Can a theft conviction be cleared?

Second or third-degree misdemeanor: automatic Clean Slate limited access after seven years free of conviction for an offense punishable by a year or more, once restitution is paid and subject to the statute's exceptions (18 Pa.C.S. 9122.2(a)(1)).
First-degree misdemeanor: a petition for limited access after seven years free of conviction may be available (9122.1(a)).
Third-degree felony: theft offenses under Chapter 39 are among the felonies that can qualify for a petition for limited access after 10 years free of conviction (9122.1(a.1)(3)).

Automatic Clean Slate relief is not available to anyone ever convicted of a felony, other than certain drug offenses (9122.3(a)(2)(i)), so a felony theft can affect older misdemeanors too. Charges that end without a conviction are placed under limited access automatically (9122.2(a)(2)). More on each tool is in clearing a criminal record in Pennsylvania.

What to do this week

Read the complaint and note the grade and the dollar value it alleges.
Look up the case on the UJS Portal, using the OTN if you have it, and note the preliminary hearing date at Central Court.
Gather proof of value: receipts, photos of the item's condition, and listings for similar used items.
Gather proof of ownership or permission: titles, loan papers, partnership records, and texts or emails about borrowing or returning the property.
Write a timeline: when you got the property, who said what, and where it went.
If you need a public defender, apply now, at least two weeks before the hearing.
Follow every bail condition exactly.

Frequently asked questions

Is theft a felony in Pennsylvania?

Over $2,000, or for any motor vehicle, it is a third-degree felony, and a firearm makes it a second-degree felony (3903(a), (a.1)). Below $2,000 it is usually a misdemeanor.

How long does the Commonwealth have to file theft charges?

Generally five years from the offense for theft under sections 3921 through 3933 (42 Pa.C.S. 5552(b)(1)). If fraud or a breach of fiduciary obligation is an element, charges may also be brought within one year after the victim discovers it, but that cannot stretch the period by more than three years (5552(c)(1)).

What if I borrowed it and meant to give it back?

Then the question is intent. Theft requires an intent to deprive the owner, which includes keeping the property permanently, for so long that a major part of its value is used up, or until a reward is paid (3901). For a vehicle driven without consent, the charge may instead be unauthorized use (3928).

Can I be charged with theft and receiving stolen property for the same item?

They can be filed together. Pennsylvania treats theft as a single offense, so a theft charge can be proven by evidence of any manner of theft, unless the defense would be unfairly surprised (3902). Receiving is explained in receiving stolen property in Pennsylvania.

Will a theft conviction stop me from getting a job?

It can matter. Pennsylvania employers may consider felony and misdemeanor convictions only as they relate to suitability for the job, and must tell you in writing if a record is part of the reason you are not hired (18 Pa.C.S. 9125(b), (c)), as explained in whether an employer can refuse to hire you over an old conviction.

If you have been charged with theft in Ellwood City, New Castle or anywhere in Lawrence County, the value, the ownership and the intent are each worth testing. You work directly with me, and the first consultation is always free and confidential.

How does Pennsylvania grade theft by unlawful taking?