Legal Question in Criminal Law in Pennsylvania

Follow up on attempted theft

I wanted to clarify some of the points in my previous question regarding the attempted theft of a street cone.

The police are charging me with conspiracy to commit theft (presumably because a couple of us were there messing with it) and attempted theft.

They claim cone would have had a replacement value of 290 dollars. However, we never meant to steal it, it was merely a run around with the cone in the street sort of prank.

What are the potential penalties for this combination of charges and any legal arguement I may have on my behalf, based on the above.


Asked on 1/28/08, 4:38 pm

2 Answers from Attorneys
John Gibson John W. Gibson, Esquire

Re: Follow up on attempted theft

I'm not sure exactly what you were doing with the cone but I think the charge is off base. In order for it to be theft you have to have the intent to permanently deprive the owner of the object that's being stolen. It could be some type of disorderly conduct or mischief depending on what you were doing but I can't see a theft charge.

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Answered on 1/29/08, 11:35 am
Brian Zeiger Levin & Zeiger LLP

Re: Follow up on attempted theft

The DA can argue whatever they like and you can have a trial before a real judge and plea not guilty and tell the judge your side of the story.

Sentencing in Pennsylvania goes to the seriousness of the current offense and your prior record. Assuming you have no prior record, this sounds like a minimum amount of probation or just a fine. Maybe even some community service.

However, your argument goes more towards your criminal intent, not towards the act itself. What you did constitutes criminal mischief. Did they offer you a summary? Where is the case in the court system?

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Answered on 1/28/08, 5:40 pm


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