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Keith was amazing. He listened very intently and seemed to ask all the right questions to allow me to get the best possible outcome for my charges. I can’t thank him enough and would recommend him for any of your attorney needs.
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Keith was wonderful to work with. His calm demeanor put my anxiety at ease every time I walked into the courthouse. The first time I spoke with him about my case, I knew he was the one for the job. I couldn’t be happier with the outcome.
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I was happy to meet with Keith Emerick. He is soft spoken and to the point. At first I didn't think I would need an attorney but for my situation I needed one. He treated me with kindness and respect. I would recommend Keith to anyone that needs help.
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Keith is a very kind and professional man. He made me feel like I could trust him throughout the whole legal process and was very good at communicating and getting back to me in a timely manner. Working with him was a pleasure to say the least and I would highly reccomend him to anyone!
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Keith helped my daughter navigate a DUI charge that could have been more of a severe punishment. He was knowledgeable to know a pending state case could impact with a lesser degree for my daughter. We waited it out and it helped my her case tremendously. We trusted his judgement and it was well worth it.
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Keith was nothing less than the most professional, knowledgeable, and personable criminal lawyer I have ever encountered. His dedication to your best interests are irrevocably unmatched; and with out a doubt is the only person to contact for such matters. He truly goes above and beyond for his clients, and I am entirely grateful for his work. 10/10
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Very professional and helpful
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Mr. Keith Emerick is great, he is knowledgeable, communicative and straightforward. We really appreciate his step by step guidance with our case thru out the whole process. Very professional and experienced highly recommended

“What Am I Up Against?” The Potential Consequences of Retail Theft Charges

What is Retail Theft?

Under Pennsylvania law (18 Pa.C.S. § 3929), retail theft occurs when someone:

  • Takes or attempts to take merchandise from a retail store without paying full value;
  • Alters or removes a price tag or label, or changes packaging with the intent to pay less;
  • Transfers merchandise from one container to another to avoid full payment;
  • Under­-rings at the checkout (rings an item at less than full price); or
  • Interferes with or removes security devices or control tags.
Read More Read Less

Why Retail Theft Charges in Washington County Are Serious

Retail theft may seem minor, especially for small items, but the law grades the offense based on several factors:

  • Value of the stolen goods — how much the merchandise is worth;
  • Prior convictions under the same statute;
  • Whether the case involves a motor vehicle, a firearm, or large-scale theft operations. Justia+2Applebaum & Associates+2

These factors determine whether the charge is a summary offense, misdemeanor, or felony. The sentencing (fines, jail) increases significantly with felony grades. The McShane Firm, LLC+2Justia+2

Possible Penalties

Below is a general idea of what you might face under Pennsylvania law:

First offense, value under $150

Type of Offense: Summary offense
Possible Penalties:

Up to 90 days jail, and a fine (up to approx. $300) The McShane Firm, LLC+1

Second offense, value still under $150

Type of Offense: 2nd degree misdemeanor
Possible Penalties:

Larger fines; possibly longer jail time The McShane Firm, LLC+1

Retail theft of $150–$999 (first or second offense)

Type of Offense: 1st degree misdemeanor
Possible Penalties:

Higher fines, potential for more jail time The McShane Firm, LLC+1

Third offense (regardless of value), or theft of $1,000 or more, or theft involving firearm or motor vehicle

Type of Offense: 3rd degree felony
Possible Penalties:

Up to 7 years in prison; fines up to approx. $15,000 or more, depending on specifics The McShane Firm, LLC+1

Washington County prosecutions will follow these state laws, but local sentencing practices, prior record, and other case-specific details (e.g. mitigation, whether you accept a diversion or plea) can also have major influence.

How Keith Emerick Can Help - If you’re charged with retail theft in Washington County, Keith Emerick can:

Evaluate the facts

Did you really meet all the elements of retail theft under § 3929? Was value properly calculated?

Investigate the case

Review store surveillance, merchant/detective statements, pricing tags, chain of custody, whether you were misidentified.

Explore defenses

Mistake of fact, lack of intent, improper tagging or valuation, violations of your rights during arrest, etc.

Negotiate when possible

Plea agreements, diversion, reduced charges.

Advise on long-term consequences

Records, employment, background checks, expungement possibility if eligible, etc.

Frequently Asked Questions (FAQ)

What counts as a retail theft under Pennsylvania law?
Retail theft under 18 Pa.C.S. § 3929 includes actions like taking merchandise with no intention of paying full value; switching or removing price tags; transferring merchandise between containers; under-ringing items at the checkout; or tampering with security or price tags. All those are legally actionable. FindLaw Codes+1
Can a small - value theft still be serious?
Yes. Even if the stolen item’s retail value is small, repeat offenses or aggravating factors (e.g. using stealth, concealment, or a tool, or theft involving a vehicle or weapon) can upgrade what seems minor into a more serious misdemeanor or felony. Also, the sooner a prosecutor is aware of prior convictions, the more likely they’ll seek harsher penalties.
What are possible defenses in a retail theft case?
Some possible defenses include: Lack of intent (for example, it was a mistake, or you believed you were paying full price); Misidentification (witness error, mistaken identity); Discrepancies in the evidence (surveillance footage, merchant’s loss prevention records); Errors in how value was determined; Constitutional violations (illegal stop, search, seizure, or arrest). Keith Emerick has experience developing defensive strategies in these and similar contexts.
What happens if I have prior retail theft convictions?
Prior retail theft conviction(s) under § 3929 significantly affect how current charges are graded and penalized. Multiple prior convictions can elevate what might otherwise be a misdemeanor into a felony. Additionally, repeat offenders often have fewer diversion or plea options.
Are there non‐criminal consequences (civil or employment) of a retail theft charge?
Yes. Civil claims: Merchants sometimes send civil demand letters (e.g. demanding the value of goods plus a penalty) under Pennsylvania law. James Law+1. Record: A conviction stays on your criminal record and may affect background checks, housing, employment. License/driving privileges: Under certain circumstances, penalties or sentencing may include probation, which can have broader implications.
Can the charge be reduced or dismissed?
It depends, but yes — in many cases. Possible routes include: Negotiating for a reduced charge (lower value, different offense); Pre-trial diversion programs or community service (where available); Demonstrating insufficient evidence or procedural issues; Showing that the store or merchant did not follow required legal protocols. Keith will review all elements with you to determine what strategy has the best chance.
How much time do I have to respond to a retail theft charge, and what should I do first?
If you’re formally charged, you’ll receive summons or arrest paperwork. It’s important to: Contact a criminal defense attorney immediately to understand your rights; Avoid giving statements to police or prosecutors without attorney support; Collect any evidence you have (receipts, witness names, video, etc.); Be aware of court deadlines — missing dates can hurt your case.
What are the chances of expungement or removing the conviction later?
Pennsylvania has limited expungement options for certain summary offenses, first offenses, or under diversion programs. If a charge is dismissed, or if you meet certain eligibility criteria, you may be able to clear your record. But felony convictions are generally harder to expunge. Keith can evaluate whether you qualify in Washington County.
Why should I choose Keith Emerick to defend me?
Local experience in Washington County courts and with the prosecutorial offices; Deep understanding of § 3929 and how retail theft cases are prosecuted in Pennsylvania; Personalized approach: case specific, not just formulaic; Focus on minimizing consequences — legally, financially, and personally.

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