Wire Fraud and Digital Evidence: How Prosecutors Build Cases in the Internet Age

You sent a payment last week. Just a regular business transaction. Three weeks later, federal agents show up at your door with a search warrant, and that payment is now evidence in a wire fraud investigation. Your phone, laptop, and tablet are in evidence bags. Welcome to the reality of criminal prosecution in 2025, where every digital transaction leaves a trail.

If you’re facing allegations involving wire fraud or technology-based financial crimes, understanding how prosecutors build these cases is critical to your defense. The government has sophisticated methods for gathering digital evidence, and what they can access might shock you.

What Actually Counts as Wire Fraud?

The term sounds outdated, but federal wire fraud statutes cover any scheme to defraud someone using electronic communications. That includes emails, text messages, phone calls, social media messages, payment apps, and any method of sending information electronically.

The government needs to prove that you knowingly participated in a scheme to defraud someone, that you intended to defraud them, and that you used wire communications to carry out that scheme. Each electronic communication can count as a separate offense, which is why these charges multiply quickly.

Here’s what catches people off guard: wire fraud charges can arise from business disputes, misunderstandings about transactions, or situations where the alleged victim is actually a former business partner. Sometimes the line between aggressive business tactics and criminal fraud gets blurry, and prosecutors decide which side of that line you’re on.

The Digital Footprint You’re Creating Every Day

Your smartphone tracks your location. Your computer logs every website you visit. Your email provider keeps copies of messages you deleted years ago. Prosecutors understand this reality better than most people.

When investigating a wire fraud case, they don’t just look at the specific transaction in question. They pull together months or years of digital activity to build a narrative. They want to show a pattern of behavior, demonstrate intent, and eliminate any innocent explanation.

Think about what’s stored on your devices right now:

• Text conversations with business partners about deals or transactions

• Emails discussing financial arrangements, even ones you thought were deleted

• WhatsApp or Signal messages sent during stressful business situations

• Calendar entries showing meetings with people involved in the investigation

• Location data proving where you were on specific dates

• Browser history showing what you researched online

• Photos with embedded metadata containing time and location stamps

Every piece of this information can be subpoenaed, analyzed, and presented in court.

How Prosecutors Collect Digital Evidence

The collection process often starts before you realize you’re under investigation. Federal agents may gather evidence for months through subpoenas to banks, court-authorized access to email accounts, or cooperating witnesses forwarding them messages.

When they execute a search warrant, they take everything electronic. Phones, computers, tablets, USB drives, external hard drives, smartwatches, and even old devices in drawers. They also seize paper records containing passwords, account information, or handwritten notes.

The forensic examination is incredibly thorough. Specialists can recover deleted files, reconstruct web browsing history, pull up old text messages, and find data you didn’t know existed. They use software that analyzes thousands of documents in hours, searching for keywords and identifying patterns.

Cloud storage adds complexity. Your data exists on servers owned by Google, Apple, Microsoft, and Dropbox. Prosecutors can subpoena this information directly from providers, often without you knowing until much later.

The Types of Digital Evidence Prosecutors Use

Understanding what kinds of evidence prosecutors rely on helps you grasp the scope of these investigations:

Evidence Type	What It Includes	Why Prosecutors Use It
Email Communications	Sent messages, drafts, deleted emails, attachments	Shows planning, intent, and awareness of alleged fraud
Financial Transactions	Wire transfers, payment app records, cryptocurrency exchanges	Proves money movement and creates timeline
Text Messages	SMS, iMessage, WhatsApp, Signal, and other messaging platforms	Demonstrates real-time communications and informal admissions
Social Media Activity	Posts, direct messages, comments, photos with metadata	Establishes lifestyle, spending patterns, and contradictory statements
Device Metadata	Login times, IP addresses, location data, file creation dates	Places defendant at specific locations during key events
Cloud Storage	Documents, spreadsheets, photos stored remotely	Reveals business records and alleged fraudulent documents
Web Browser History	Sites visited, searches conducted, online purchases	Shows research into fraud methods or attempts to hide assets
Call Records	Phone logs showing date, time, duration of calls	Creates communication timeline between co-conspirators

The Challenge of Deleted Data

Deleting something doesn’t make it disappear. When you delete a file or message, you’re usually just removing the easy way to access it. The actual data often remains until it gets overwritten, and sometimes even after that.

Forensic specialists can recover deleted emails, text messages, photos, and documents. They can pull up websites you visited in private browsing mode. They can find draft messages you never sent. They can recover data from damaged devices or phones reset to factory settings.

This creates challenges for anyone facing allegations. Evidence you thought was gone might reappear in discovery, and it often looks suspicious. Prosecutors suggest that deleting information shows consciousness of guilt, even if you were just clearing storage space.

How Prosecutors Build a Timeline and Narrative

Raw data means nothing without context. Prosecutors craft a story. They select specific emails, texts, and transactions that support their theory. They create timelines showing the progression of alleged fraudulent activity. They use charts and graphs to make complex schemes appear clear.

The prosecution narrative typically includes:

• Establishing motive, usually financial problems or greed

• Showing the planning phase through emails or searches allegedly demonstrating criminal thinking

• Documenting the execution with detailed records of wire communications and transactions

• Presenting evidence of attempts to hide actions or spend proceeds

This storytelling approach is powerful because it takes disconnected data and weaves it into something cohesive. An innocent email gets presented as proof of criminal intent. A legitimate business strategy gets characterized as fraud. Context gets stripped away, and everything gets interpreted through the lens of guilt.

The Role of Cooperating Witnesses

Digital evidence becomes more powerful when combined with human testimony. In many wire fraud cases, prosecutors have cooperating witnesses: co-defendants who agreed to testify for reduced sentences, alleged victims, or business associates who contacted authorities.

These witnesses often wear recording devices or allow law enforcement to monitor their communications. Conversations you think are private might be preserved as evidence. Phone calls get recorded. In-person meetings get captured. Text exchanges get screened by agents in real time.

The combination of digital records and cooperating witness testimony is particularly difficult to defend against. Digital records prove communications happened, and witnesses provide context supporting the prosecution’s theory.

When Prosecutors Get It Wrong

Prosecutors make mistakes. They misinterpret digital evidence. They jump to conclusions. They see patterns that don’t exist. They ignore contradictory evidence. Sometimes they bring charges in situations that don’t actually constitute criminal fraud.

Business disputes are not automatically criminal, even when money changes hands electronically and someone ends up unhappy. Aggressive sales tactics are not fraud. Optimistic projections that don’t pan out are not fraud. Failed business ventures are not fraud. Misunderstandings about transaction terms are not fraud.

Once federal prosecutors decide to bring charges, they’ve already invested significant resources. They’ve had agents working for months. They’ve obtained warrants and subpoenas. They’ve presented the case to superiors as prosecutable. That institutional momentum pushes toward conviction, even if the evidence is weaker than initially believed.

Why You Need Someone Who Understands Digital Evidence

If you’re facing wire fraud allegations, you need a white collar crime attorney who understands how technology works. Not just someone who knows the statutes, but someone who comprehends digital forensics, how data can be misinterpreted, and how to challenge technical evidence.

Your attorney needs to spot when forensic examiners made errors, when evidence has been taken out of context, when metadata has been misread, or when the prosecution’s expert is overstating findings. They need to know what questions to ask, what alternative explanations exist, and how to present technical information to a jury.

They should work with defense forensic experts who can conduct independent examinations, reconstruct deleted data to provide full context, and identify exculpatory information prosecutors might have overlooked.

What to Do If You’re Under Investigation

If you suspect you’re under investigation or know you’re facing allegations, time matters. Digital evidence can be preserved or destroyed depending on how quickly you act.

Critical steps to take:

• Don’t talk to law enforcement without an attorney present, no matter how innocent you are or how much you want to explain

• Don’t delete anything, as deleting information after learning about an investigation looks terrible and could result in obstruction charges

• Don’t discuss the case on your phone, through email, or on social media since all communications can be monitored or subpoenaed

• Don’t consent to searches; politely decline and tell agents to contact your attorney

You have constitutional rights. Exercise them.

Your Defense Starts With Understanding What You’re Facing

Wire fraud cases in the digital age are built on electronic evidence most people don’t realize exists. Prosecutors have powerful tools for collecting, analyzing, and presenting this information.

But having digital evidence doesn’t automatically mean the government has a strong case. Every piece of evidence needs to be properly collected, accurately interpreted, and presented in the correct context. Every conclusion prosecutors draw needs to be tested and challenged. Every defendant deserves a vigorous defense that understands the technology at the center of the allegations.

The outcome of your case matters far beyond the immediate verdict. A conviction can follow you for years, affecting employment, professional licenses, and housing opportunities. That’s why exploring all defense strategies is crucial, and in some situations, even discussing potential options like consulting Philadelphia expungement lawyers for eligible offenses becomes part of long-term planning with your attorney.

If you’re facing wire fraud charges or allegations involving digital evidence, don’t navigate this alone. The stakes are too high, the evidence is too complex, and the prosecutors are too experienced. You need a criminal defense attorney who knows how to fight these cases, understands the technical aspects of digital evidence, and will stand up for your rights.

At Brennan Law Offices, we have extensive experience defending clients against fraud allegations and cases involving complex digital evidence. We understand how prosecutors build these cases because we’ve seen their tactics from every angle. We know how to challenge digital forensics, expose weaknesses in the government’s narrative, and fight for the best possible outcome. If you’re facing allegations or believe you’re under investigation, contact us for a consultation to discuss your case and your options.

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Can Shoplifting Charges be Dropped?

Facing shoplifting charges can be a stressful experience. Many wonder if these charges can be dropped. The answer depends on several factors, including the case specifics, state laws, and store policies. Let’s explore these possibilities and what you can do if facing a theft charge.

Understanding Shoplifting Charges

Shoplifting, also known as retail theft, involves taking merchandise from a store without paying. This can range from small items like candy to larger, more expensive goods, potentially leading to grand theft charges.

The severity of the charge, classified as either a misdemeanor or felony theft, depends on the value of the stolen items. This also affects potential jail time and whether the district attorney’s office pursues the charges.

Misdemeanor vs. Felony

Misdemeanors are less serious offenses than felonies, typically involving smaller amounts and shorter potential jail sentences. Misdemeanor sentences might involve fines or time in county jail. Felonies, however, are pursued for larger amounts, potentially landing you in state prison with substantial penalties.

Can Shoplifting Charges Be Dropped?

Yes, shoplifting charges can be dropped under certain circumstances. These might include insufficient evidence, mistaken identity, or loss prevention, and the store decides not to press charges. A strong legal defense can increase the chance of charges being dropped, especially in minor theft cases.

Factors Influencing Dropped Charges

A few factors may influence a store’s decision to drop shoplifting charges.

• Returning the goods undamaged could convince them to reconsider pressing charges. Showing remorse for the criminal offense and cooperating with the store and police can also sway their decision.
• A clean criminal history is advantageous. A first-time offender is more likely to have charges dropped compared to someone with prior theft convictions. In contrast, unruly and defensive people appear more likely to have a criminal defense lawyer fight their case, as this behavior makes them seem guilty.

Legal Processes and Options

Even if the store presses charges, the prosecutor may decide not to proceed. This can occur due to a lack of strong witness statements, insufficient evidence, or a focus on more serious criminal offenses. Your defense attorney can file motions with the court to have the charges reduced or dismissed. A criminal defense attorney experienced in handling shoplifting cases can substantially affect how your case proceeds.

A civil compromise can also help to drop shoplifting charges. A civil compromise occurs when an individual pays for or returns the stolen goods to have the charges against them reduced or dropped. If no probation violations occurred during this time, a judge might grant early release and close the case early.

Seeking Legal Counsel

If you’re facing shoplifting charges, contact a lawyer immediately. They can explain your rights, negotiate with the store or prosecutor, and represent you in court. A defense attorney who specializes in theft crimes can give you more accurate information regarding your case.

How a Lawyer Can Help

A lawyer analyzes your case. They assess everything, including the item’s value, store policies, whether it involves a shopping cart, witness statements, and the surrounding circumstances. They investigate possible defenses. Maybe you accidentally left with the item or someone planted it on you. Attorneys can negotiate plea bargains. This could lead to reduced or dropped charges, especially if this is your first offense.

They advocate for alternative solutions, such as pre-trial diversion programs or pursuing a civil compromise to reduce the severity of your charges. If a shoplifting incident falls under specific stipulations based on stolen property value thresholds, a prosecutor could decide not to pursue further legal action, opting instead for alternative resolutions like mandatory participation in educational classes tailored towards retail theft behavior modification, restitution paid directly to the affected retail establishment or perhaps even an assigned timeframe where performing community service satisfies requirements ultimately resulting in case dismissal.

When facing criminal charges, it’s crucial to have a criminal defense attorney in PA at your side, ensuring your rights are protected throughout the legal process.

In Summary

Can shoplifting charges be dropped? Yes, it’s possible. However, the outcome depends on several factors specific to each jurisdiction. Local rules of the arresting authority, retailer preferences, and individual store policies all play a role.

Legal representation is crucial for navigating these complexities. A lawyer can analyze your case’s nuances and help achieve a favorable outcome. Their insights regarding the local penal code and potential consequences of a theft conviction, like probation violations, can be essential.

Seeking legal advice early is vital. It helps you understand your options based on the specifics of your situation. Having an attorney’s support through a shoplifting case offers valuable assistance for pursuing a conditional dismissal or other options available within the criminal law framework.

 If you’re in need of legal representation, look no further than a criminal shoplifting attorney in Philadelphia, known for their impressive track record and dedication to their clients.

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Car Theft Vs Stealing Car Parts: Charges and Consequences

The crimes of car theft and car part theft are somewhat different in nature. There are differences when it comes to charges against an individual who commits either type of crime. There also are differences in the consequences for someone who either steals a car or some car parts. It’s important to note that this will change based on the state.

The Circumstances Dictate the Charges

There are various charges for theft of a car that are based on a few factors. The intent and the consent are at the top of the list. If someone means to take the vehicle for a short while and then return it, they’ll likely still be in trouble, but the charges will be different than if they are found with the car weeks later. This is known as joyriding.

Consent for taking the automobile is crucial because there is no crime involved with using a car when you have gotten permission to do so. If you’re being accused of auto theft, you’ll want to seek the services from experienced criminal defense lawyers in Philadelphia to ensure that you have a solid defense for your case.

Grand Theft Auto

The charge of grand theft auto is a felony charge. This is under a different crime category in certain states, though in others it’s under the general felony theft statutes. Other terms used in such states include motor vehicle theft, grand theft, and unlawful taking of a vehicle. The case against the individual needs to show that the intent was to deprive the owner of the vehicle permanently and that they didn’t have permission to use it or take over ownership in any way.

Pennsylvania Car Theft

The Pennsylvania theft statute says that when a person takes, transfers, or exercises control over a vehicle that belongs to another person with the intent to keep it without permission, it’s officially theft of a motor vehicle. Even if they take the car out of the parking lot and abandon it elsewhere shortly after, it’s still theft.

Pennsylvania typically classifies thefts based on the property’s value. Motor vehicle thefts in Pennsylvania are punishable according to the nature of the stolen property rather than the value of it. It’s considered to be a felony in the third degree. It has a $15,000 fine and the person responsible may be sentenced to up to seven years in prison. You would benefit from having a dependable criminal defense attorney in Doylestown, PA.

Theft of Car Parts

Car part theft is considered to be a crime, though it’s more difficult to track and prove that someone has committed the crime. In many instances, auto part theft is charged based on the value of the stolen parts. The sale of crucial parts and pieces of automobiles for scrap metal has become a serious offense in recent years. All instances of stolen parts are tallied up to get a total that will determine the fines and sentencing of this crime.

Intent and consent aren’t considerations in a case regarding auto parts theft. Of course, if you have a receipt or bill of sale to show you legally bought the parts or something to show they were given to you, it will work in your favor. If you are found to have sold a large number of parts or have many parts (especially expensive ones) in your possession after being accused and don’t have this proof, you could face steep fines and potential prison time.

Reliable Legal Representation for Car Theft and Car Parts Thefts in Pennsylvania Cases

If you have a motor vehicle or car parts theft case against you, reach out to Brennan Law Offices for legal assistance. You deserve to have a fair hearing of your case and an experienced legal team will help you have that.

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Can Shoplifting Result In A Long-Term Criminal Record?

Some people do not take shoplifting seriously. This is especially true when the item taken is small or cheap. They merely see it as a short trip to the shop’s administrative office or perhaps a half-hearted warning to never do the act again. While the former is possible as long as the shop decides not to press charges against the offender, it is still considered a misdemeanor and must be dealt with in accordance with the law. 

If you ever get involved in shoplifting and are arrested, your most feasible and efficient option is to contact an experienced criminal defense attorney. We know how to defend our clients and will ensure that you don’t go through the process alone.

Does shoplifting result in a permanent or long-term criminal record? This article will serve as your guide on shoplifting and its legal consequences. 

What Is Shoplifting? 

Shoplifting is defined as the unlawful removal of items or merchandise from an establishment without payment. There is intent on the part of the perpetrator to deprive the owners of the stolen items. Otherwise known as retail theft, there are other means by which this act is committed: 

• Concealing or hiding such items within your person while you are still within the store’s premises
• Removing security tags to avoid triggering security devices
• Removing products from the packaging 
• Altering price tags

These acts are considered shoplifting and will be dealt with in accordance with the law of the state. 

Will A Shoplifting Conviction Reflect In My Records? 

If the court convicts you of shoplifting and its corresponding penalties, it will go on your criminal record. However, your acquittal will not taint your records, public or private. This is where you’ll need the best Philadelphia criminal defense lawyer. You don’t have to suffer a permanent criminal record for shoplifting. 

Having a past shoplifting criminal record may affect your educational, career, renting, and loaning opportunities. While all may be forgiven after serving your sentence, criminal records can impede a person’s success. 

What Are My Remedies For The Criminal Record?

It’s possible to expunge a shoplifting charge. You can apply for expungement of your criminal records when:

• You were charged but were not convicted of any offense, including summary, felony, or misdemeanor.
• You were convicted but have been granted liberty from prosecution or arrest for at least five years.
• You went through a program, thereby becoming eligible for probation without conviction.

You have to meet these requirements before you can have your records expunged. Otherwise, you’ll need the assistance of experienced lawyers to help you prevent a conviction. 

How To Avoid Permanent Criminal Charges

Brennan Law Offices has experienced and seasoned criminal defense attorneys with great track records and feedback from clients. They are well-versed in criminal law and focused on assisting clients with every legal issue they face. Our firm fights tirelessly for our clients. 

If you need legal assistance in a shoplifting case, contact us, or call us at our hotline number: 215-568-1400.

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What Are The Potential Repercussions of a Shoplifting Offense

While it may seem minor compared to some crimes, shoplifting is a serious offense that can have serious consequences. Depending on the specific circumstances, shoplifting penalties in Pennsylvania and New Jersey can be very high. It is important to consult a criminal attorney in Philadelphia to protect you. Receiving a shoplifting offense has great implications and lasting consequences. In this post, we will explain the potential repercussions of a shoplifting offense.

What is Shoplifting?

Before you can learn about the penalties for shoplifting, it is important to understand what constitutes shoplifting. According to the laws in New Jersey, shoplifting is “any action taken with the intent of not paying for – or paying less than the full price of – an item.” The concept is quite similar in Pennsylvania, where shoplifting is under the retail theft law and it states,” when a person carries away, or transfers, any merchandise by a store or other retail entity with the intent of depriving the merchant of the use and benefit of the property, he or she has committed retail theft.” In both states, the following actions would be considered shoplifting:

• Removing merchandise from a store without paying.
• Concealing the items in your bag, jacket, pockets, etc.
• Altering, removing, or transferring price tags.

Retail Value Impacts the Penalty

While all forms of shoplifting are punishable, the severity of the repercussion will depend on the value of the item(s) stolen, and the number of offenses. The tiers of consequences for shoplifting in New Jersey include:

• First-time offenders: Those who commit a first-time offense and took an item under $200 in value can face 10 days in jail.
• 4th degree: Items valued between $200-$500. Punishable with up to 18 months in prison and a fine of up to $10,000.
• 3rd degree: If you take items with a value between $500-$75,000, you can face three to five years in jail and a fine of up to $15,000.
• 2nd degree: Shoplifting items with a value over 75,000 is a 2nd-degree offense, and can include punishment of five to ten years in prison and a fine of up to $150,000.

Pennsylvania has a similar way of ranking offenses and assigning punishments, with slightly different values. You can view Pennsylvania’s shoplifting penalties HERE.

Additionally, minors who face shoplifting charges can face stays in detention that vary based on the severity of the crime.  

The Importance of a Strong Defense Against Shoplifting Charges

Shoplifting offenses come with steep penalties, especially for repeated offenses or high-value items. A shoplifting charge can lead to high fees, jail time, and a mark on your record. No matter how large or small the charge is, it is best to consult with one of best criminal defense attorneys in Philadelphia aggressively fight the charges with a strong defense. For the strongest defense against criminal shoplifting charges, turn to the experienced team at Brennan Law Offices. Contact us today at 215-568-1400 or through our online portal to discuss your case with a knowledgeable defense attorney.

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Understanding Theft By Deception in PA

A simple accusation of a theft by deception criminal charge can be life altering. Even before a trial or verdict, the stigma of being a thief conveys a lack of trust that will affect your career, relationships, and reputation for years to come. If you or someone you know has been accused of theft by deception, it is crucial to contact an experienced criminal theft attorney right away.

Theft offenses are often charged unpredictably, so understanding the theft by deception law and penalties in PA is crucial and will help you recognize if a lawyer has the skills and knowledge it takes to get you the best possible outcome.

What is Theft by Deception? 

Theft by deception is a type of theft in which someone intentionally obtains or withholds someone else’s property by deceiving them. A conviction in Pennsylvania will be based on if the accused does one of the following:

• Creates or reinforces a false impression as to the “law, value, intention or state of mind”
• Prevents a person from acquiring information that might affect his or her judgement about a transaction
• Fails to correct a false impression “which the deceiver previously created or reinforced”

However, not all deception is considered a crime.  If the false statements do not have financial significance, or are exaggerated to the point that a reasonable person would not accept them as the truth, then the offense would not be considered theft by deception.

Penalties of Theft By Deception in PA

The resulting penalties of a theft by deception conviction in PA will vary depending on the value of the property or money stolen, which in most cases will be the following:

• Less than $50 — 3rd degree misdemeanor with a jail sentence up to 1 year and fine up to $2,500
• $50 – $200 — 2nd degree misdemeanor with a jail sentence up to 2 years and a fine up to $5,000
• $200 – $2,000 — 1st degree misdemeanor with a jail sentence up to 5 years and a fine up to $10,000
• More than $2,000 — 3rd degree felony with a jail sentence up to 7 years and a fine up to $15,000

Defenses to Theft by Deception

While the burden is on the prosecutor to prove every element of the offense, a skillful and aggressive defense is essential to getting your charges dropped completely.  Some of the possible defenses for theft by deception charges may include:

• The property wasn’t taken at all. The alleged victim misplaced or lost it.
• The property was taken with the clear intent of returning it.
• The alleged victim gave the property to the accused willingly and freely.
• There was no deception involved. The alleged victim misunderstood the conversation or transaction.
• The defendant was under duress and did not intend to deceive.

To make sure you have the strongest defense for your case, you need a criminal attorney with extensive knowledge and experience in theft by deception offenses. Our theft lawyers know what it takes to protect your reputation and get you the best possible outcome. Contact us today for a free consultation.

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Differences Between Theft, Robbery & Burglary in Pennsylvania

The holidays are the most joyful time of year; however, all the good cheer, great food and gift giving may be a distraction from the risks the season can also bring. Break-ins, porch pirates and pickpockets are more popular than ever this time of year as the hustle and bustle of the holidays can leave us vulnerable to thieves. While theft, robbery and burglary are often used interchangeably, they’re actually very different offenses when defined by Pennsylvania Law. We’ll explain the differences between theft, robbery and burglary in Pennsylvania and the possible penalties they involve.

Theft

As one of the most commonly committed crimes in the country, theft is known by a number of different titles; larceny, petty theft, grand theft and more depending on various states. This crime is defined as taking someone else’s property without consent and with the intent to permanently deprive the owner of its use or possession. Theft can be committed in a few different ways, including the use of deception, extortion or wrongfully carrying something away.

Theft can pertain to the taking of both tangible property, such as money, physical goods or other objects you can transport or move, or intangible property, including services, utilities or valuable information. Since theft does not involve interaction with the victim, it is almost always classified as a “property crime.”

Robbery

While often referred to as “theft plus,” robbery is always a felony, or “violent crime,” due to an additional element that involves force, assault or the physical removal of property from another person. If at any time during the theft, the victim is threatened, in fear of harm, forced to remove the property, injured in any way, the crime is considered a robbery.

Each of these additional factors can impact the severity of the punishment. For example, if the robbery involves serious bodily harm to the victim, it’s considered a first degree felony which can be punishable by more than 10 years in prison. If there are no threats or harm as a result of taking the property, the crime is a third degree robbery with a maximum sentence of seven years prison time.  

Other factors can also influence the conviction of the crime. When drugs or controlled substances are the goal of the robbery, it’s automatically a first degree offense, while the use of a gun during the robbery requires a mandatory minimum sentence of five years in jail.  

Burglary

The crime of burglary is closely related to that of robbery without the act or threat of harm to the victim. Instead, burglary specifically involves entering a building or piece of property with the intent to commit a crime inside. You can be convicted of burglary even without taking anything, since the crime focuses on the violation of someone else’s home or property based on the intent to commit another crime. And because of how this stature is specifically defined, a burglary crime may also include trespassing with the intent to commit murder, rape, theft, robbery or other offenses as well.

Burglary can be classified in the following ways:

First Degree
– Object of the crime is to obtain drugs
– Building is a home or someone is present inside at the time of the crime

Second Degree
– The building entered is not a home and no one is present at the time of the crime
– A break in occurs without the intent to commit a crime inside (considered criminal trespass)

Third Degree
– A building is entered without break-in and without the intent to commit a crime (considered third degree criminal trespass)

Reversely, there are three primary defenses to burglary, which include if the building was abandoned, open to the public or the person was “licensed or privileged” to enter.

If you’re seeking legal advice about theft, robbery and burglary or want more information about the classifications and punishments of each crime in Pennsylvania, contact us to meet with one of our experienced criminal defense attorneys today.  

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