The Most Common Crimes Around the Holidays
The holiday season is universally anticipated as a time of joy, family gatherings, generosity, and celebration. Yet, beneath the festive lights and seasonal cheer, the period from late November through the New Year presents a distinct set of social pressures and environmental stressors. The combination of financial strain, increased alcohol consumption, crowded shopping environments, and the frantic pace of “getting everything done” can lead even well-intentioned individuals to act rashly.
In Pennsylvania, law enforcement agencies are acutely aware of these seasonal shifts. Statistics consistently show an uptick in specific types of criminal activity during these months. Understanding what these risks are, how they are penalized under Pennsylvania law, and how to protect yourself is the best way to keep your season peaceful and legally secure with Brennan Law Offices’ criminal defense lawyers.
Theft, Retail Theft, and Burglary
Topping the list of crimes during the holidays is theft in its various forms. The “gift-giving” mentality, combined with the abundance of high-value electronics, jewelry, and appliances on display in stores and delivered to homes, creates an environment ripe for opportunistic criminal activity.
Retail Theft (Shoplifting)
In Pennsylvania, shoplifting is legally classified as “retail theft” under 18 Pa. C.S. § 3929. Retailers are particularly vigilant during the holiday season, often increasing security presence and utilizing advanced surveillance technology. It is important to realize that the penalties are strictly tied to the value of the items and the offender’s prior history:
First Offense (under $150): Classified as a summary offense. While jail is unlikely, you may face fines up to $300.
Second Offense (under $150): Classified as a second-degree misdemeanor, punishable by up to two years in jail and $5,000 in fines.
First/Second Offense ($150–$2,000): Classified as a first-degree misdemeanor, carrying up to five years in prison and $10,000 in fines.
Third or Subsequent Offense (any value) or items over $2,000: Classified as a third-degree felony, which can result in up to seven years in prison and $15,000 in fines.
Beyond the criminal penalties, a retail theft conviction results in a permanent criminal record, which can severely hinder future employment opportunities, housing applications, and professional licensing.
Porch Piracy and Residential Burglary
With the explosion of online shopping, “porch piracy”, the theft of packages from residential doorsteps, has become a significant issue. Under Pennsylvania law, taking a package can be charged as theft, and if the activity involves entering an attached garage or dwelling, it can escalate to burglary, a serious felony. Families should consider using secure delivery lockers, requiring signatures for high-value items, or asking neighbors to collect packages to mitigate these risks.
Driving Under the Influence (DUI)
The holiday season is synonymous with social events, most of which involve the consumption of alcohol: office parties, family dinners, and neighborhood gatherings. Unfortunately, this leads to a dangerous spike in impaired driving. Pennsylvania maintains some of the strictest DUI laws in the country.
The penalties for a DUI are progressive and severe:
First Offense: Even a first-time DUI with a blood alcohol concentration (BAC) between .08% and .099% can result in six months of probation and a $300 fine.
Aggravated DUI: As your BAC increases, or if drugs are involved, the penalties shift from probation to mandatory minimum jail sentences, significant license suspensions, and the mandatory installation of an ignition interlock device.
Long-term Consequences: A DUI conviction increases insurance premiums exponentially, can lead to the loss of a commercial driver’s license (CDL), and may result in the forfeiture of professional licenses.
Given the availability of modern rideshare services, the “cost” of a taxi or rideshare is infinitely lower than the life-altering cost of a DUI fine, the loss of your license, or the potential for a catastrophic accident. If you find yourself in need of DUI lawyer in Philadelphia, Brennan Law Offices are prepared to help.
Cybercrime and Identity Theft
Online shopping continues to increase in popularity each year, and it’s reported that this year’s online holiday sales have already topped $123.73 billion. While convenient, this creates massive opportunities for cybercriminals. Identity theft is no longer just about someone stealing your wallet; it is now a sophisticated, digital crime that can devastate your finances for years.
Protecting Your Digital Footprint
Scammers often set up fake charity websites or “too good to be true” online storefronts to harvest credit card numbers, Social Security numbers, and banking details.
Always verify site security: Make sure the URL starts with https:// and look for the padlock icon in the browser address bar.
Use digital wallets: Services like Apple Pay or Google Pay use encryption that is significantly more secure than entering a physical card number into a website.
Avoid public Wi-Fi: Do not perform banking or shopping while connected to unsecured public Wi-Fi at coffee shops or malls, as hackers can easily intercept your data on these networks.
Identity Theft Penalties
Under Pennsylvania law, identity theft is treated as a serious crime. A first offense can lead to significant prison time (up to five years) and fines of $10,000. If the identity theft involves large-scale financial loss, these penalties increase drastically.
Domestic Disputes and Family Conflicts
It is a sad but documented reality that domestic violence and harassment charges often increase during the holiday season. The financial pressure to provide gifts, combined with the stress of family dynamics and increased alcohol consumption, can lead to explosive verbal or physical arguments.
In Pennsylvania, police are often mandated to make an arrest if they are called to a domestic disturbance and find probable cause of assault or harassment. These charges can result in “no-contact” orders that effectively remove you from your home and separate you from your family, even before a trial has taken place. If you find yourself in a high-tension situation, the best course of action is to walk away, remove yourself from the environment, and de-escalate.
What to Do If You Face Criminal Accusations
If you or a loved one find yourself on the wrong side of the law this season, the most important thing is not to panic. An accusation is not a conviction. Here are the immediate steps you should take:
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Exercise Your Right to Remain Silent: You are not required to explain your side of the story to the police at the scene. Anything you say can, and likely will, be used against you. Be polite, provide your identification, and state that you wish to speak with an attorney.
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Document Everything: As soon as you are able, write down every detail of the encounter, including the names of officers, any witnesses, and the exact sequence of events.
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Secure Legal Representation: Do not attempt to navigate the court system alone. The holiday season often complicates court schedules, and having an experienced advocate can make the difference between a dismissed charge, entry into a diversionary program (like ARD), or a permanent conviction.
At Brennan Law Offices, we understand that a single moment of poor judgment should not define your entire future. Our experienced defense team is dedicated to protecting your rights, scrutinizing the prosecution’s evidence, and fighting for the best possible outcome in your case.
Do not let a legal misunderstanding or a moment of stress ruin your holiday season or your future. Contact our office today to make sure that you have the professional representation you need to protect your reputation and your freedom.
This post was updated 3/12/2026.
