What Is Theft by Unlawful Taking | Definition and Overview
Theft by unlawful taking refers to unlawfully taking or exercising control over another person’s property with the intent to deprive them of it. It is one of the most common theft-related charges and can apply to both physical property (like money or personal belongings) and movable property (like vehicles or merchandise).
This crime is often associated with shoplifting, embezzlement, or taking property left unattended. The degree of the charge depends on the value of the stolen property and the circumstances surrounding the alleged act.
Pennsylvania Definition
In Pennsylvania, theft by unlawful taking is defined under 18 Pa.C.S. § 3921. A person commits this offense if they unlawfully take or exercise control over movable or immovable property belonging to another with the intent to permanently deprive the owner of it.
- Movable Property: Anything that can be physically taken, such as cash, jewelry, or electronics.
- Immovable Property: Real estate or items affixed to property, such as fixtures or construction materials.
The classification and penalties are based on the value of the property stolen:
- Summary Offense: Property worth less than $50.
- Misdemeanor of the Second or First Degree: Property worth between $50 and $2,000.
- Felony of the Third Degree: Property worth over $2,000 or theft involving a motor vehicle, firearm, or controlled substance.
New Jersey Definition
In New Jersey, theft by unlawful taking is governed by N.J.S.A. 2C:20-3, which defines the crime as unlawfully taking or exercising control over movable or immovable property with intent to deprive the owner. Like Pennsylvania, the degree of the offense depends on the value of the stolen property and the circumstances of the theft.
Classification of Theft in New Jersey:
- Disorderly Persons Offense: Property valued under $200.
- Fourth-Degree Crime: Property valued between $200 and $500.
- Third-Degree Crime: Property valued between $500 and $75,000.
- Second-Degree Crime: Property valued over $75,000, or theft involving a car, firearm, or extortion.
New Jersey courts in Camden, Cumberland, and Atlantic Counties pursue theft charges aggressively, especially in cases involving high-value goods or repeat offenders.
Theft by Unlawful Taking Charges and Penalties
| Charge Type | Jurisdiction | Example / Circumstance | Potential Penalties |
|---|---|---|---|
| Summary Offense (PA) | Pennsylvania | Theft under $50 | Up to 90 days jail; $300 fine |
| Misdemeanor (PA) | Pennsylvania | Theft between $50–$2,000 | Up to 5 years prison; $10,000 fine |
| Felony (PA) | Pennsylvania | Theft over $2,000 or motor vehicle theft | Up to 7 years prison; $15,000 fine |
| Disorderly Persons (NJ) | New Jersey | Theft under $200 | Up to 6 months jail; $1,000 fine |
| Fourth-Degree Crime (NJ) | New Jersey | Theft $200–$500 | Up to 18 months prison; $10,000 fine |
| Third-Degree Crime (NJ) | New Jersey | Theft $500–$75,000 | 3–5 years prison; $15,000 fine |
| Second-Degree Crime (NJ) | New Jersey | Theft over $75,000 or involving vehicle/firearm | 5–10 years prison; $150,000 fine |
Legal Process and Implications in Pennsylvania and New Jersey
Pennsylvania Legal Process
In Pennsylvania, theft by unlawful taking is prosecuted under state theft statutes. The process usually involves:
- Arraignment: Formal reading of the charges and plea entry.
- Pre-Trial Motions: Defense may challenge evidence, such as surveillance footage or witness testimony.
- Negotiation or Trial: Attorney Kotik works to have charges reduced or dismissed, or negotiates for entry into diversion programs like ARD (Accelerated Rehabilitative Disposition) for first-time offenders.
Counties such as Philadelphia, Lehigh, and Bucks Counties often provide diversion options for individuals charged with non-violent, first-time theft offenses.
New Jersey Legal Process
In New Jersey, theft by unlawful taking may be prosecuted in Municipal Court (for lesser charges) or Superior Court (for indictable offenses). The process involves:
- Arrest or Complaint Filing.
- Pre-Indictment or Pre-Trial Conference: Opportunity for plea discussions or motions to suppress evidence.
- Trial: If no plea agreement is reached, the case proceeds to trial before a judge or jury.
New Jersey’s Pre-Trial Intervention (PTI) program allows eligible first-time offenders to avoid conviction by completing counseling, community service, or restitution requirements.
How Attorney Michael Kotik Handles Theft by Unlawful Taking Cases
Attorney Michael Kotik approaches theft cases with strategic precision and an understanding that not every theft allegation reflects criminal intent. Misunderstandings, mistaken identity, or improper evidence handling can all lead to unjust charges.
When defending clients, Attorney Kotik:
- Analyzes all evidence, including surveillance footage, receipts, and witness accounts.
- Challenges intent, arguing lack of intent to permanently deprive the owner.
- Identifies procedural errors, such as unlawful searches or arrests.
- Negotiates with prosecutors for reduced charges, restitution, or diversionary programs.
- Builds strong trial defenses, when necessary, to protect his client’s reputation and freedom.
Attorney Kotik’s familiarity with local courts in Philadelphia, Bucks, Lehigh, Camden, and Atlantic Counties allows him to tailor his approach to each jurisdiction’s specific procedures and prosecutorial strategies.
The Consequences of a Theft Conviction
A theft conviction can affect nearly every aspect of a person’s life, including:
- Permanent criminal record impacting background checks.
- Difficulty securing employment, especially in finance or retail industries.
- Loss of professional licensing or eligibility for public service positions.
- Immigration issues for non-citizens.
Attorney Kotik works diligently to protect his clients from these lasting consequences, focusing on dismissal, acquittal, or entry into rehabilitative programs whenever possible.
Disclaimer
Every theft case is different, and penalties vary depending on the facts, evidence, and jurisdiction. The information provided here is for general educational purposes only and does not constitute legal advice. Results vary depending on individual circumstances. Contact Attorney Michael Kotik for personalized legal guidance.
Contact Attorney Michael Kotik
If you are facing theft by unlawful taking charges in Pennsylvania or New Jersey, you need experienced, aggressive representation to protect your rights and your future. Contact Attorney Michael Kotik today for a confidential consultation.
Phone: (267) 265-4553
Email: michael.kotik@gmail.com
Office Locations: Serving Philadelphia, Bucks, Dauphin, Lehigh, Northampton, Camden, Cumberland, and Atlantic Counties
Attorney Michael Kotik is committed to defending your rights with power, precision, and passion—because your name and your freedom deserve nothing less.