Life in Philadelphia moves fast, and sometimes, our financial situations or personal circumstances lead to split-second decisions. You might be in a store and realize you forgot your wallet, but you really need that item now and assume that you can just come back and pay for it tomorrow. Or maybe you borrow equipment from a job site with the full intention of returning it or paying for the wear and tear once your next paycheck clears.
In your mind, it may not feel like stealing because you aren't a thief, and you’re not trying to take something without paying for it permanently; you are just a person who is currently short on cash and plans to make it right.
However, Pennsylvania law looks at these situations differently. The short answer to the question Can you be charged with theft in Pennsylvania if you intended to pay later? is, in many circumstances, a resounding yes. The intent to pay someone back does not automatically prevent criminal charges from being filed.
At van der Veen, Hartshorn, Levin & Lindheim, we have represented many well-meaning Philadelphians who found themselves facing serious criminal charges because they didn't realize that the intent to pay later is not, by itself, a legal defense to a theft charge. Understanding how Pennsylvania defines theft and how the prosecution views intent is the first step in protecting your future.
1. The Legal Definition of Intent to Deprive
Under Pennsylvania law (18 Pa. C.S. § 3921), a person is guilty of theft if they unlawfully take or exercise control over someone else's property with the intent to deprive them of it.
This is the part that catches most people off guard. The law defines deprive as withholding property permanently OR for so extended a period that a major portion of its economic value or enjoyment is lost.
When someone takes property without paying, courts may infer intent based on what was happening at that moment. Planning to pay later does not automatically negate the fact that the owner was deprived of their property or money without consent at the time of the taking.
2. Theft by Deception: The Broken Promise Trap
Many cases involving an intention to pay later fall under Theft by Deception (§ 3922). This occurs when someone intentionally creates a false impression to obtain property.
If you take an item or service by promising to pay later, knowing at that moment that you don't actually have the funds or a concrete way to pay, it can be argued by the prosecution that you are technically using a false impression to get what you want.
While the law states that a broken promise alone isn't enough to prove theft (people fall on hard times and miss payments all the time), if the prosecution can show that you never had the means or the actual intent to follow through, you could be facing criminal charges.
3. The Borrowing Defense
Another common scenario involves borrowing property without permission. In Philadelphia, we see this often with tools, vehicles, or even office supplies. You might think, I’m not stealing this; I’m just using it for the weekend and I’ll bring it back.
In Pennsylvania, this can still be charged as Theft by Unlawful Taking. The law does not require the taking to be permanent to be criminal. If you took the item without the owner’s consent, you exercised unlawful control over it. Even if you return the item, the offense may be considered complete at the moment of the unauthorized taking.
Returning the property later may be relevant during negotiations or sentencing, but it does not automatically erase the charge itself.
4. Retail Theft and the Point of Sale
Retail theft (shoplifting) is a progressive offense in Pennsylvania, meaning the penalties get much harsher with every subsequent conviction.
Many people believe they haven't committed a crime until they actually walk out the doors of the store. However, if you conceal an item or alter a price tag with the intention not to pay the full price at that moment, you can be stopped and charged before you ever leave the building. Telling the security guard at the Fashion District or a local Wawa that you were going to come back and pay is rarely an effective defense on the spot.
Similar Post: Caught Shoplifting in Philadelphia? Understanding Retail Theft Charges and Penalties
5. The Consequences: How Pennsylvania Grades Theft
The severity of a theft charge in Philadelphia is primarily determined by the market value of the property involved, along with certain statutory factors. Under Pennsylvania law, these offenses are graded into categories that carry significantly different maximum sentences and financial penalties.
Theft Gradings and Penalties
- Third-degree misdemeanor: If the value is less than $50, you face up to one year in prison and a $2,500 fine.
- Second-degree misdemeanor: If the value is $50 to less than $200, you could be facing up to two years in prison and a $5,000 fine.
- First-degree misdemeanor: If the value is $200 or more but less than $2,000, or if the theft involved taking property directly from another person (such as pickpocketing), the charge could lead to penalties that include up to five years in prison and a $10,000 fine.
- Third-degree felony: If the value of the stolen property is $2,000 or more but less than $100,000, or if certain types of property, such as an automobile, airplane, or other motor-propelled vehicle, are involved, you could face a maximum sentence of seven years in prison and a $15,000 fine.
- Second-degree felony: If the value of the property is $100,000 or more but less than $500,000, or in certain cases involving organized or commercial theft activity, the offense may be punishable by up to ten years in prison and a $25,000 fine.
- First-degree felony: If the value of the property is $500,000 or more, you could face a potential sentence of up to 20 years in prison and a $25,000 fine.
Beyond the jail time and fines, a theft conviction is considered a crimen falsi offense, which is a crime involving dishonesty. A conviction can have lasting consequences for employment, professional licensing, and credibility in future legal proceedings. This criminal record can be particularly problematic if you’re trying to find a job in finance, healthcare, or any field that requires a background check and a high level of trust.
Similar Post: From Misdemeanors to Felonies: How Criminal Charges Affect Employment Prospects
6. Can Intent to Pay Ever Be a Defense?
While intending to pay later doesn't stop the police from charging you, it can be a vital part of your defense strategy.
A skilled criminal defense attorney can use your intent to show a lack of criminal intent. For example, if there was a genuine misunderstanding, a billing error, or a long-standing handshake agreement between you and the owner, we can argue that there was no mens rea (guilty mind).
We also look for:
- Mistake of fact: You genuinely believed you had permission to take the item and pay later.
- Claim of right: You reasonably believed the property actually belonged to you or that you were owed the property as payment for a different debt.
- Rule 586 settlements: In certain eligible cases, it may be possible to pursue a court-approved civil compromise. If the court agrees and the matter is resolved through restitution or agreement, charges may be dismissed. Civil compromise is discretionary and not available in every theft case.
Why You Need a Philadelphia Defense Attorney Immediately
If you are being investigated for theft or have already been charged, do not try to explain your way out of it to the police. Anything you say about planning to pay later is actually an admission that you took the property without paying at the time. You are essentially handing the prosecution the evidence they need to convict you.
At van der Veen, Hartshorn, Levin & Lindheim, we have seen how easily a simple misunderstanding can spiral into a life-changing criminal record. We know how the Philadelphia District Attorney’s office operates, and we know how to build a defense that highlights your lack of criminal intent.
Facing Theft Charges? We’ll Tell Your Side of the Story.
The law can be cold and black-and-white, but your life is lived in the gray areas. Just because you took a shortcut doesn't mean you deserve to have your future ruined by a felony or misdemeanor conviction.
At van der Veen, Hartshorn, Levin & Lindheim, we provide aggressive criminal defense representation for people facing shoplifting, theft, and burglary charges. We don't just look at the police report; we look at the person behind the case. Our award-winning attorneys will fight to get your charges dismissed, downgraded, or resolved through programs that keep your record clean.
Don't let a mistake cost you your freedom. Call our Philadelphia office today at 215-486-0123 or fill out our online contact form for a free, no-obligation consultation. We are available to help you when you need it most. We represent clients throughout Pennsylvania, including North Philadelphia, South Philadelphia, Hellertown, and Upper Darby.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.