Thank you for visiting Lampman Law. If you or someone you love is charged with theft of leased property in Pennsylvania, we can help. We are experienced criminal defense lawyers that are in district and trial courts daily representing people charged with crimes throughout Northeastern and Central Pennsylvania. Since Lampman Law opened we have zealously defended people facing theft accusations and have helped our clients avoid the criminal consequences and social stigma of a theft conviction.

If you would like us to examine your case, please call Lampman Law at 570-371-3737 to personally discuss the matter with us. We offer a free phone or in-office consultation. All consultations are also welcoming, free of pressure, and confidential.  

18 Pa.C.S. § 3932. Theft of Leased Property

A person who obtains personal property under an agreement for the lease or rental of the property is guilty of theft if he intentionally deals with the property as his own.

A person “deals with the property as his own” if he sells, secretes, destroys, converts to his own use or otherwise disposes of the property.

A person shall be prima facie presumed to have intent if he:

(1) signs the lease or rental agreement with a name other than his own and fails to return the property within the time specified in the agreement; or

(2) fails to return the property to its owner within seven days after a written demand to return the property is delivered.

A “written demand to return the property is delivered” when it is sent simultaneously by first class mail, evidenced by a certificate of mailing, and by registered or certified mail to the address provided by the lessee.

Grading & Penalties

In Pennsylvania, theft of leased property can be graded as a felony or a misdemeanor offense. The specific grading and specific range of penalty is dependent on several factors, including the accused prior record score (PRS), and:

• the leased item’s value or amount of money involved;
• whether the leased is a firearm, anhydrous ammonia, or a vehicle;
• whether the accused breached fiduciary duty; and/or,
• whether threats were used to complete the crime.

Neither the grading nor the offense gravity score (OGS) are adjusted bases on whether the property taken was movable or immovable.

First Degree Felony (F1)

A felony of the first degree is punishable by a maximum of 20 years imprisonment and a $25,000 fine. The OGS of these cases is 8. It is graded as a (F1) when:

• The amount involved is $500,000 or more.

Second Degree Felony (F2)

A felony of the second degree is punishable by a maximum of 10 years imprisonment and a $25,000 fine. The OGS of these cases is 7 if the (F2) is bases on value. Otherwise the OGS is 8. It is graded as a (F2) when:

• The amount involved is $100,000 or more but less than $500,000.
  
• The leased property is a firearm.
  
• The leased property is anhydrous ammonia.
  
• The offense is committed during a manmade disaster, a natural disaster or a war-caused disaster.

Third Degree Felony (F3)

A felony of the third degree is punishable by a maximum of 7 years imprisonment and a $15,000 fine. It is graded as a (F3) when:

• The amount involved exceeds $2,000. The OGS is 6 when the value is more than $25,000 but less than $100,000. The OGS is 5 when the value is more than $2,000 but $25,000 or less.

• The leased property stolen is an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle. The OGS is 6.

Misdemeanor of the First-Degree (M1)

A misdemeanor of the first degree is punishable by a maximum of 5 years imprisonment and a $10,000 fine. The OGS is 3. Theft of leased property is graded as a (M1) when:

• The amount involved is $200 or more but less than $2,000; or,
• The leased property was taken from the person or by threat, or in breach of fiduciary obligation.

Misdemeanor of the Second-Degree (M2)

A misdemeanor of the second degree is punishable by a maximum of 2 years imprisonment and a $5,000 fine. The OGS for these cases is 2. It is graded as a (M2) when:

• The leased property was not taken from the person or by threat, or in breach of fiduciary obligation, and;
• the amount involved was $50 or more but less than $200.

Misdemeanor of the Third-Degree (M3)

A misdemeanor of the third degree is punishable by a maximum of 1-year imprisonment and a $2,000 fine. Since the OGS for these offenses is 1, however, probation is the likely sentence unless the defendant has an elevated PRS. It is graded as a (M3) when:

• The leased property was not taken from the person or by threat, or in breach of fiduciary obligation, and;
• the value is less than $50.

Lampman Law Defends Theft of Leased Property Cases

It is extremely important to timely hire an experienced Pennsylvania criminal defense when facing theft of leased property charges. As explained, these cases are complex and the accused’s freedom and other important rights are at risk. Hiring the right criminal defense lawyer, as soon as possible, can help the accused build their case by gathering the evidence to build a robust defense. It is the best chance for an accused to preserve their liberty, legal rights, and their reputation.

​When choosing a lawyer, it is important to seek the services of a lawyer that primarily practices criminal defense and that the lawyer has personally handled theft cases in the county where the charge is being prosecuted. Likewise, it is vital that the lawyer can and will conduct a full investigation into the facts and circumstances of the allegation. Obviously, challenges to the valuation of the items or funds allegedly stolen are extremely important in defending theft prosecutions.

​​Please contact us at 570-371-3737 if you have any questions. Should you choose to trust us with your case, our fees are reasonable, we always use detailed written fee agreements, and payment plans (including credit card payment) can be arranged.

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