Theft is a serious crime and can have a lasting impact on your life if the court convicts you.
There are many different types of theft under Arizona law and each one has different possible penalties.
ARS 13-1802: Defining Theft
Arizona Revised Statutes (ARS) 13-1802 outlines the broadest definition of theft. Other statutes define more specific subcategories of this crime. Many types of actions fall under the legal definition of theft. This includes the most common example of taking property that belongs to someone else. It is also theft if you obtained services from someone without paying when you knew the services required compensation. In addition, the statute includes situations where you did not steal the item yourself. If you had reason to believe an item was stolen and kept it without attempting to notify the true owner, the court may prosecute this action as theft.
The penalties for theft under ARS 13-1802 vary depending on the value of what the perpetrator took. The least severe penalty is a class 1 misdemeanor for theft of products or services with a value of less than $1,000. The most severe is a class 2 felony for values over $25,000. However, penalties can also vary depending on the type of property. For example, stealing a firearm or animal, regardless of value, is a class 6 felony.
Arizona law defines and sets penalties for more specific types of theft, including:
Shoplifting
Shoplifting is among the most common forms of theft. ARS 13-1805 defines this crime as the theft of goods that are displayed for sale in an establishment.
This charge may include the following actions:
- Taking an item out of the store without paying for it
- Concealing goods with the intent to remove them from the store
- Placing the goods into a different container in order to steal them
- Switching price tags or any other actions to dishonestly lower the price of an item
- Charging someone else for a purchase without them knowing or charging a non-existent person
Penalties for shoplifting vary depending on what type of item(s) you stole and their value, if you have prior convictions, and other actions you may have taken while shoplifting. The least severe conviction is a class 1 misdemeanor and the most severe is a class 4 felony.
Robbery
ARS 13-1902 defines robbery as an act of theft where the perpetrator uses force or the threat of force to take property from the victim against their will. This crime is a class 4 felony. If more than one person commits robbery or if they seriously injure the victim, the charge can increase to aggravated robbery. Per ARS 13-1903, this is a class 3 felony. Robbery with a deadly weapon or simulated deadly weapon, as defined in ARS 13-1904, is armed robbery and is a class 2 felony.
Burglary
Burglary is the act of entering someone else’s property with the intent to commit theft or any felony. While burglary does not always involve stealing property, this is the most common motivation.
There are three different possible charges for this crime. Burglary in the third degree involves entering a nonresidential property, a fenced yard, or a motor vehicle and is a class 4 felony (ARS 13-1506). Entering a residential structure is considered burglary in the second degree and is a class 3 felony (ARS 13-1507). The most severe charge is burglary in the first degree and requires entering a residential property with a deadly weapon (ARS 13-1508).
Have You Been Charged With Theft?
If you are facing any criminal charges, you should contact our skilled criminal defense attorneys. We have extensive experience fighting for our clients and will work with you to achieve the best possible outcome.
