How does the value of property change a theft charge in Pennsylvania?

Last updated October 4, 2026.

For most thefts in Pennsylvania, the amount involved sets the grade: under $50 is a third-degree misdemeanor, $50 to under $200 is a second-degree misdemeanor, up to $2,000 is a first-degree misdemeanor, more than $2,000 is a third-degree felony, $100,000 to under $500,000 is a second-degree felony, and $500,000 or more is a first-degree felony (18 Pa.C.S. 3903). Some property raises the grade regardless of value, such as a firearm or a car. And a theft from a person, by threat, or in breach of a fiduciary duty is at least a first-degree misdemeanor even when the amount is small.

Because value can move a case from a misdemeanor to a felony, it is one of the first facts to examine. For the overall process, see our criminal defense page.

How does value enter a theft case, step by step?

1. The complaint. Police list the charge, the grade and usually a dollar figure for the property.
2. The preliminary hearing. The Commonwealth must make out a prima facie case for the grade charged, and a judge who finds evidence only of a lesser offense may hold the case on that offense; see what happens at a preliminary hearing.
3. Proof of value. Market value at the time and place of the theft, or replacement cost if that cannot be determined, is the standard; unproven value is treated as less than $50 (3903(c)).
4. Diversion or trial. In Delaware County, the value can decide whether ARD is even considered.
5. Sentence and restitution. On a conviction for a crime in which property was stolen, the court must order restitution, and must order it in full regardless of the defendant's current finances (18 Pa.C.S. 1106(a) and (c)).

What are the value lines for theft?

Grades: 18 Pa.C.S. 3903(a), (a.1), (a.2) and (b). Maximums: 18 Pa.C.S. 1101, 1103 and 1104. Receiving stolen property is also a third-degree felony when the receiver is in the business of buying or selling stolen property.

How is the value measured?

Section 3903(c) sets the rules:

• Market value at the time and place of the crime is the standard. If that cannot be satisfactorily determined, the cost of replacing the property within a reasonable time after the crime is used.
• Checks, notes and similar instruments are valued at the amount due or collectible on them, usually the face amount less anything already paid. Other instruments affecting a legal right are valued at the greatest economic loss the owner might reasonably suffer from losing them.
• Value that cannot be established under those standards is deemed to be less than $50.
• Aggregation: amounts taken under one scheme or course of conduct, from one person or several, may be added together to determine the grade.

These rules invite real questions in a case: whether the figure in the complaint is market value or an original purchase price, whether separate takings truly were one scheme, and whether the prosecution can prove value at all. Retail theft uses its own measure, the merchant's stated or advertised price, and its own value lines; see whether retail theft is a felony in Pennsylvania.

Which offenses does this grading cover?

Section 3903 grades the theft offenses in Chapter 39 of the Crimes Code. The basic one is theft by unlawful taking: taking or exercising unlawful control over another's movable property with intent to deprive them of it, or unlawfully transferring or controlling someone's immovable property to benefit yourself or another person not entitled to it (18 Pa.C.S. 3921). The chapter also includes theft by deception, theft by extortion, theft of lost or mislaid property, receiving stolen property, theft of services, failure to make required disposition of funds, and unauthorized use of a vehicle, among others. Some of them, like retail theft, have their own grading rules.

Theft becomes robbery when force, injury or a threat is involved, and entering a building to steal can be burglary; those are graded differently, as explained in how serious a robbery or burglary charge is.

Does the grade affect diversion in Delaware County?

It can. The Delaware County District Attorney's September 2026 ARD application lists theft where the value of the property exceeds $10,000 among the circumstances that make a non-DUI defendant ineligible, along with ARD or a conviction in the past 10 years. The DA's Misdemeanor Diversion Program, for low-level, non-violent misdemeanors, can end a case with the charges withdrawn after community service and court costs. Both programs are at the DA's discretion; see the diversion programs for non-DUI charges for who qualifies.

Can a theft conviction be sealed later?

It depends on the grade. Clean Slate automatically limits access to second and third-degree misdemeanor convictions after seven years without a new conviction for an offense punishable by a year or more, once restitution is paid (18 Pa.C.S. 9122.2(a)(1)). For felony theft, a petition for limited access is possible after 10 years free from conviction for an offense punishable by a year or more, for theft offenses under Chapter 39 other than first and second-degree felonies, again with restitution paid and subject to the statute's exceptions (18 Pa.C.S. 9122.1(a.1) and (b)). See our criminal penalties chart for how each grade compares. The filing steps are in our guide to expungement, limited access and Clean Slate.

What changes the answer?

• How value is proven. Market value, not the original price, is the standard, and replacement cost is the fallback (3903(c)(1)).
• Aggregation. Separate takings count together only if they were part of one scheme or course of conduct (3903(c)(3)).
• The kind of property. A firearm or a motor vehicle raises the grade regardless of value (3903(a)(2) and (a.1)).
• How it was taken. Taking from the person, by threat or in breach of a fiduciary duty makes even a small theft a first-degree misdemeanor; force or injury can make it robbery.
• Your record. Delaware County's ARD policy excludes applicants with ARD or a conviction in the past 10 years.
• Consent or claim of right. For unauthorized use of a vehicle, a reasonable belief that the owner would have consented is a defense (3928(b)).

For example: one employee, several small takings

Here is a hypothetical. A cashier in Media is accused of keeping cash from the register on eight shifts over two months, about $300 each time. Taken one by one, each amount falls in the first-degree misdemeanor range. If the Commonwealth shows the takings were one scheme or course of conduct, they can be added together, and $2,400 crosses the line for a third-degree felony.

Her lawyer looks at whether the amounts can be proven shift by shift and whether they really were one course of conduct. At $2,400 the case is well below Delaware County's $10,000 ARD exclusion for theft, so diversion may be explored, and any resolution would include full restitution to the store. This example is only an illustration; every case depends on its own facts.

What mistakes do people make with theft charges?

• Accepting the figure on the complaint. The value must be proven, and an original purchase price is not market value.
• Assuming small takings stay small. Aggregation can raise the grade.
• Offering repayment on the spot. Paying back is important, but statements about it can be used as admissions; talk to a lawyer first.
• Forgetting restitution. It is mandatory on conviction and does not shrink because of insurance payments (1106(c)).
• Overlooking the specific offense. Deception, receiving stolen property and unauthorized use each have different elements and defenses, which our theft defense page discusses alongside robbery and burglary.
• Waiting on diversion. Applications have deadlines tied to formal arraignment.

What should I do this week?

1. Find the complaint and note each charge, its grade and the value claimed.
2. Gather receipts, listings or other evidence of what the property was actually worth.
3. Write down when and how each alleged taking happened.
4. Do not contact the complainant about repayment without your lawyer.
5. List any earlier theft charges, diversion or ARD.
6. Talk with a lawyer before the preliminary hearing; the stages are in what happens after an arrest in Delaware County.

Frequently asked questions

Is taking a car without permission always a felony?

Not always. Theft of a motor vehicle is a third-degree felony under 3903, but operating someone else's vehicle without consent, without intent to keep it, is unauthorized use, a second-degree misdemeanor (3928).

What if the value cannot be proven?

Value that cannot be satisfactorily determined under the statute's standards is deemed to be less than $50, which makes the theft a third-degree misdemeanor (3903(c)).

Does paying the money back end the case?

Not by itself; the prosecution belongs to the Commonwealth. Restitution is still required on a conviction, and paying it can matter for diversion and for Clean Slate later.

Is receiving stolen property the same as theft?

It is graded as theft under 3903. It requires knowing the property was stolen, or believing it probably was, and is not a crime when the property is held to return it to the owner (3925).

Can a theft charge be resolved without a conviction in Delaware County?

Sometimes. The District Attorney's Misdemeanor Diversion Program can end a low-level, non-violent misdemeanor with the charges withdrawn after community service and costs, and ARD can end in dismissal; both are at the DA's discretion, and the county's ARD policy rules out thefts over $10,000. Where the case goes in the county is mapped in where criminal, DUI and family cases go in Delaware County.

Can keeping something delivered to me by mistake be theft?

It can. A person who knows property was lost, mislaid or delivered by mistake commits theft if, intending to deprive the owner, they fail to take reasonable steps to return it (3924). The grade then follows the value rules above.

How is shoplifting different?

Retail theft uses the merchant's price and its own value lines and prior-offense rules; see whether retail theft is a felony.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about a theft charge.