Understanding Theft Charges and Intent to Deprive in Luzerne County, Pennsylvania

Understanding how theft is defined—and how prosecutors interpret intent—is one of the most important steps in protecting your future.

In Luzerne County, theft cases often turn on a single issue: what you intended at the moment the property was taken.

The Legal Definition of Intent to Deprive

Under 18 Pa. C.S. § 3921, a person commits theft if they unlawfully take or control someone else's property with the intent to deprive them of it.

What “Intent to Deprive” Really Means

Pennsylvania law defines “deprive” as:

• Withholding property permanently, or
• Withholding it long enough that the owner loses a major portion of its value or use

This is where many people get caught off guard.

Even if you planned to pay later, courts may focus on what happened at the time of the taking—not what you intended to do afterward.

Theft by Deception: The Broken Promise Problem

Many “I was going to pay later” cases fall under 18 Pa. C.S. § 3922.

How Prosecutors View These Cases

Theft by deception occurs when someone:

• Creates a false impression
• Uses that impression to obtain property

If you receive goods or services by promising future payment—without actually having the means or intent to follow through—prosecutors may argue that you misrepresented your ability to pay.

While a broken promise alone is not enough to prove theft, the situation changes if the Commonwealth can show:

• You lacked the ability to pay at the time
• You never intended to follow through

Borrowing Without Permission Can Still Be Theft

A common misconception is: “I was just borrowing it.”

In Wilkes-Barre and surrounding areas, this comes up often with:

• Tools
• Vehicles
• Work equipment

Why This Can Still Lead to Charges

Even temporary use can qualify as theft if:

• You took the item without permission
• You exercised unlawful control over it

Returning the item later does not automatically undo the offense. However, it may help during negotiations or sentencing.

Retail Theft and the Point of Sale

Retail theft (shoplifting) is aggressively prosecuted in Luzerne County.

When the Crime Occurs

Many people believe they have not committed a crime until they leave the store.

That is not accurate.

You may be charged if you:

• Conceal merchandise
• Switch or alter price tags
• Attempt to avoid paying full value

This means you can be stopped before leaving the store and still face charges.

Theft Grading and Penalties in Pennsylvania

The severity of a theft charge depends largely on the value of the property.

Misdemeanor Theft

• Under $50 → Third-degree misdemeanor (up to 1 year in jail)
• $50–$200 → Second-degree misdemeanor (up to 2 years)
• $200–$2,000 → First-degree misdemeanor (up to 5 years)

Felony Theft

• $2,000–$100,000 → Third-degree felony (up to 7 years)
• $100,000–$500,000 → Second-degree felony (up to 10 years)
• $500,000+ → First-degree felony (up to 20 years)

Certain property—like vehicles—can elevate charges regardless of value.

Collateral Consequences

A theft conviction is considered a crimen falsi offense (a crime of dishonesty).

This can affect:

• Employment opportunities
• Professional licenses
• Your credibility in future court proceedings

Can “Intent to Pay Later” Be a Defense?

While saying “I was going to pay later” does not prevent charges, it can still play a role in your defense.

Potential Defense Strategies

A skilled defense attorney may argue:

• Lack of intent (mens rea): No intent to permanently deprive
• Mistake of fact: You believed you had permission
• Claim of right: You believed the property belonged to you
• Civil compromise (Rule 586): In eligible cases, restitution may lead to dismissal

Each case depends heavily on the specific facts and evidence.

Why You Should Not Talk to Police Without a Lawyer

If you are being investigated in Luzerne County, be careful about what you say.

Telling police you intended to pay later can:

• Admit you took the property
• Provide evidence of unlawful control
• Strengthen the prosecution's case

Even well-meaning explanations can be used against you.

Charged With Theft in Luzerne County? Protect Your Future

If you or a loved one is facing theft charges in Luzerne County or Northeastern Pennsylvania, you should speak with an experienced criminal defense attorney as soon as possible.  Early action matters.

Call (570) 283-1200 or use our online contact form to schedule a confidential consultation today.