Philadelphia Burglary & Theft Lawyer

How Pennsylvania Defines and Grades Theft Offenses

Pennsylvania treats theft as a broad category of offenses under Title 18 of the Pennsylvania Crimes Code. The category includes theft by unlawful taking, theft by deception, theft of services, receiving stolen property, retail theft, and robbery. The grading of the offense, and therefore the severity of the potential sentence, is driven primarily by the value of the property involved and by any aggravating circumstances like the use of force or a prior record.

Here is how Pennsylvania grades theft offenses by dollar value and burglary by circumstance:

These are statutory maximums, not automatic sentences. A skilled defense attorney can often negotiate significantly below these ceilings or, in the right case, avoid a conviction entirely. What you are actually facing depends on your record, the facts, and how well your defense is constructed.

Burglary in Pennsylvania: What the Law Actually Requires

Burglary is one of the most misunderstood charges in Pennsylvania criminal law. Many people assume that burglary simply means breaking into a building. The legal definition is more precise and, in some ways, more nuanced than that.

Under Pennsylvania law, a burglary occurs when someone enters a building or occupied structure without license or privilege, with the intent to commit a crime inside. Two elements are critical here: the entry must be unauthorized, and there must be criminal intent at the moment of entry. You can be charged with burglary even if no theft or other crime actually occurred inside the building. Conversely, if you entered with permission and formed the intent to steal only after you were already inside, that is not technically burglary under the statute, though it may still support other charges.

The degree of the felony turns on whether the building was adapted for overnight accommodation (essentially, whether it was someone’s home) and whether another person was present at the time. A burglary of an occupied home is automatically a first-degree felony carrying up to 20 years. A burglary of a commercial building with no one inside is a second-degree felony carrying up to 10 years. These distinctions matter tremendously for these cases, and are one of the first things we assess in every burglary case.

If a burglary involves injuries, a weapon, or is connected to organized criminal activity, prosecutors may add additional charges or seek aggravated sentencing. Our Philadelphia Violent Crimes Defense page covers how these cases can escalate and what additional defenses may apply.

When Theft Becomes a Federal Crime

Most theft and burglary charges in Philadelphia are prosecuted at the state level, but some cases cross into federal jurisdiction. Theft involving federal property, theft from federally insured financial institutions, organized retail theft operations, or theft that crosses state lines can all attract federal prosecution. Federal theft and fraud charges carry their own sentencing guidelines and are prosecuted by the U.S. Attorney’s office, which has more investigative resources and a different approach than the Philadelphia DA.

If there is any possibility that your case could be picked up by federal prosecutors, having an attorney with federal criminal defense experience is not optional. Pagano Law handles Philadelphia Federal Crime cases and can advise you on how to respond if federal law enforcement becomes involved.

Defenses We Use in Theft and Burglary Cases

After 30 years in Philadelphia courtrooms, we have seen nearly every fact pattern that theft and burglary cases produce. The defenses that work are the ones built on a careful review of the actual evidence, not a checklist approach. Some of the most effective strategies we use include:

Challenging the constitutionality of the stop or search. 

The Fourth Amendment prohibits police from stopping, searching, or detaining someone without the required level of legal justification. If law enforcement did not have reasonable suspicion to stop you or probable cause to search you, any evidence obtained as a result may be suppressible. Suppressing key evidence can gut the prosecution’s case before trial even begins.

Disputing intent

Both theft and burglary require proof of intent. If we can create reasonable doubt about whether you intended to steal or intended to commit a crime upon entering a building, the prosecution’s case fails on an essential element. This is particularly relevant in burglary cases involving disputed circumstances around entry.

Challenging identification 

Eyewitness identification is notoriously unreliable, and surveillance footage is often lower quality than prosecutors let on. We scrutinize every piece of identification evidence and bring in experts where the quality of surveillance footage is at issue.

Attacking the evidence chain

Physical evidence, including alleged stolen property, must be properly handled, documented, and preserved. Breaches in the chain of custody or procedural violations in the collection of evidence can hinder the legitimacy of the evidence presented.

Negotiating ARD or diversion. 

For eligible defendants, particularly first-time offenders, Pennsylvania’s Accelerated Rehabilitative Disposition program can result in charges being dismissed after successful completion of program requirements. We assess ARD eligibility in every applicable case and advocate aggressively for placement when it serves our client’s interests.

Theft in Philadelphia

The Long-Term Consequences of a Theft Conviction

A theft conviction does not end when you leave court. Pennsylvania’s criminal records are publicly accessible. Employers and landlords run background checks, and professional licensing boards in fields like healthcare, law, education, and finance treat theft convictions as disqualifying or presumptively disqualifying offenses. Immigration status can be affected for non-citizens. The National Conference of State Legislatures has documented hundreds of collateral consequences that flow from Pennsylvania criminal convictions, many of which attach even to misdemeanor-level theft.

In cases where a conviction is unavoidable or has already occurred, expungement may be available to clear your record. Pennsylvania has expanded expungement eligibility in recent years, and our team can evaluate whether your record qualifies. Contact us to discuss your specific situation.

What to Do If You Have Been Charged

The most important thing you can do immediately after an arrest is stop talking. Do not answer questions from police or investigators without an attorney present. Anything you say will be recorded and can be used against you in court. Invoking your right to counsel is not an admission of guilt. It is the single most effective protective step available to you in those first hours.

After that, reach out to Pagano Law as quickly as possible. Evidence disappears, witnesses move on, and the window to file pretrial motions operates on a schedule. The earlier we are involved, the more tools we have to work with.

30+ Years of Criminal Defense. Call Pagano Law Today.

Theft and burglary cases in Philadelphia can move fast and the prosecution starts building its case the moment of arrest. You need an attorney who has been inside these courtrooms for decades, who knows the prosecutors, the judges, and the pressure points that matter.

Gregory J. Pagano has been defending people against criminal charges in Philadelphia since 1995. He is rated by Super Lawyers, holds a 10.0 rating on Avvo, and has the track record to back it up. Our firm is available 24 hours a day, 7 days a week, because we know arrests do not wait for business hours.

Call (215) 636-0160 for a free consultation, or send us a message online. The sooner we get to work, the stronger your defense.