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2016 top 100 lawyer ASLA
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Theft Archives

Theft Deceptive or Fraudulent Business Practices

Pennsylvania Statute 4107 Title 18 in the Pennsylvania Crimes Code defines what makes certain business transactions illegal or fraudulent or a type of theft in the eyes of the law. Burglary There are a variety of ways in which both the buyer and the seller can violate this statute thereby committing a theft. If either party possesses a tool or device that provides a false measurement to record any quality or quantity of goods or services being provided, the transaction becomes fraudulent. If the seller does not deliver the represented quantity of said commodity or service of what was agreed upon during the transaction, then it is a fraudulent business practice as well. The reverse side of that is when the buyer is in charge of weighing out or measuring the goods and they take more than what was agreed upon.

Theft from a motor vehicle

In Pennsylvania, it is illegal to take someone else's physical property without their permission. There are several different statues that specify the different types of theft that are illegal. One of these types of theft is known as theft from a motor vehicle. fraud According to the Pennsylvania crimes code, a person commits theft from a motor vehicle if he unlawfully takes or attempts to take possession of, carries away, or exercises unlawful control over any movable property of another from a motor vehicle with the intent to deprive him thereof. There are several different elements that determine how your theft from a motor vehicle charges will be graded.

Theft Bad Checks

In Pennsylvania, it is a Theft crime to pass Bad Checks.  Theft Crimes like Bad Checks occur when an accused tries to pass checks as a form of payment. This offense is known as bad checks. Per title 18 section 4105(a)(1) of the Pennsylvania crimes code, a person commits an offense if he issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee. Per title 18 section 4105(a)(2), a person commits an offense if he, knowing that it will not be honored by the drawee, issues or passes a check or similar sight order for the payment of money when the drawee is located within this Commonwealth. Fraud A violation of this paragraph shall occur without regard to whether the location of the issuance or passing of the check or similar sight order is within or outside of this Commonwealth. It shall be no defense to a violation of this section that some or all of the acts constituting the offense occurred outside of this Commonwealth.

Theft unauthorized use of an automobile

In Pennsylvania, it is a theft crime to use another person's automobile or other vehicles without their consent. This crime is known as unauthorized use of automobiles and is a theft crime.  Unauthorized use of an automobile is also often referred to as joyriding. A person commits unauthorized use of automobiles or other vehicles if he operates the automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle of another without the consent of the owner. In order for charges not to become more serious charges such as theft, you must have used another person's vehicle with the intent to temporarily deprive the owner of the vehicle. suppresion mootions In other words, you must have used the owner's vehicle without the intent to permanently deprive the owner of the vehicle. You could potentially be charged with this crime if you fail to return a car you have rented.

Theft Crimes: Identity Theft

In Pennsylvania, using someone's information as your own without their consent is a serious Theft Crime. This crime is known as identity theft. According to the Pennsylvania Crimes Code, a person commits the Theft Crime of identity theft of another person if he possesses or uses identifying information of another person without the consent of that person to further any unlawful purpose.  statute of limitations Every single instance where someone unlawfully used another person's identity is considered separate offenses. Identity theft often involves a person's driver's license numbers, bank account information, a person's name, birthday, or a person's social security number.

Theft Access Deivice Fraud

Taking another person's access device without their knowledge, whether it be a credit or debit card, is a serious crime in Pennsylvania and is a theft crime called access device fraud.  An access device, which triggers the theft crime of access device fraud, could be a credit card, debit card, ATM card, or any card that has an account number printed on it. access device fraud  You may be charged with access device fraud if you use an access device to obtain or in an attempt to obtain property or services with knowledge that the access device is counterfeit, the access device was issued to someone else and they did not authorize its use, or the access device has been revoked or canceled. An example of access device fraud would be if you went out and bought a new television with your friend's credit card without their permission. In addition to the unauthorized use of access devices, it is also access device fraud if you advertise, make, sell, or give someone an access device that you know is counterfeit, altered, or issued for someone else.


Depending upon the amount of a theft, Theft by Unlawful Taking can be a very serious crime. The Pennsylvania Crimes Code states that a person is guilty of theft if he intentionally receives, retains, or disposes of movable property of another knowing that it has been stolen, unless the property is received, retained, or disposed with intent to restore it to the owner. Receiving stolen property charges are fairly common in PA. Identity Theft  In order to be found guilty of receiving stolen property, the Commonwealth must prove that you had knowledge that the property was stolen once you received it. Movable property is any property that can be moved from one location to another, such as a laptop or a necklace. If you have received, retained or disposed of the property with the intention of returning it to its owner, then you may have a defense for the charges against you.

Theft: Bribery

Bribery cases and other public corruptions cases such as theft can cause quite a commotion in the media and attract a lot of unwanted attention. Bribery is a type of theft crime and typically involves bribing public officials with large amounts of money or something of value in exchange for some sort of decision or action that will benefit the person making the bribe. There have been several different bribery cases that have gained major media attention over past years. One well-known case in Pennsylvania is known as "kids for cash". Identity Theft  This case involved President Judge Mark Ciavarella and Senior Judge Michael Conahan receiving large amounts of money from Robert Mericle, builder of private for-profit youth detention centers, in return for imposing harsh penalties on juveniles in order to fill more beds at his detention centers. Ciavarella and Conahan were ultimately found guilty on several charges.

Theft Crimes: Forgery

Forgery is one of the more serious types of theft crimes that an accused can be charged with in the Commonwealth of Pennsylvania. Forgery is typically graded as a felony of the second degree and punishable by a maximum of ten years in state prison and a $15,000 fine. It is imperative that you seek the counsel of an experienced and aggressive Chester County theft crimes attorney  Theft Crime lawyers if you have been charged with or are being investigated for the theft crime of forgery. A conviction for this serious crime can be a life changing event. One that can not only carry significant jail time and fines, but also draw the attention of future employers.

New Grading Enhancement for Burglary and Robbery

Pennsylvania has recently passed a new law that increases the grading for burglary and robbery. This new law increases the crime of Burglary when a person enters a building or structure not adapted for overnight use (under section 18 Pa.C.S.A. §3502(a)(4)) to a felony of the first degree, which carries a 20 year maximum sentence, if the district attorney can prove the actor's intent upon entering the structure was to take a controlled substance.

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