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A citation with a court date, or a store’s letter demanding money, is usually what sends people looking for a Phoenix theft lawyer. Maybe loss prevention stopped you at the exit, or police arrested you over property you believed was yours. You’re worried about your job, a fingerprint clearance card, your immigration status and who will find out.
Here’s the good news: an accusation is not a conviction, and acting early keeps more options open, from diversion to a reduced charge. At AZ Defenders, our managing attorney is a former Maricopa County prosecutor, and we’re here for you 24/7.
Talk to a Phoenix theft lawyer tonight. Call (480) 456-6400 for a free, confidential consultation, 24 hours a day.
Jonathan Goebel, our managing attorney, handles our theft cases. A former Maricopa County deputy county attorney and former Assistant Arizona Attorney General, admitted to the State Bar of Arizona in 2005, he has prosecuted cases himself and knows how the State builds a theft case and where to push back. View his State Bar of Arizona profile.
A theft charge puts your honesty in question, and that cuts deep. Here’s what you get when AZ Defenders is your theft lawyer in Phoenix:
Under A.R.S. § 13-1802, theft includes taking property, keeping borrowed property past the allowed use, getting property or services by misrepresentation, keeping lost property, controlling stolen property, and not paying for services. The class depends mainly on value:
| Value | Class and range |
|---|---|
| $25,000 or more | Class 2 felony: 3 to 12.5 years (5) |
| $4,000 to $24,999.99 | Class 3 felony: 2 to 8.75 years (3.5) |
| $3,000 to $3,999.99, or any vehicle engine or transmission | Class 4 felony: 1 to 3.75 years (2.5) |
| $2,000 to $2,999.99 | Class 5 felony: 0.5 to 2.5 years (1.5) |
| $1,000 to $1,999.99 | Class 6 felony: 0.33 to 2 years (1) |
| Under $1,000: from a person, a firearm, or an animal taken for animal fighting | Class 6 felony: 0.33 to 2 years (1) |
| Under $1,000, all other cases | Class 1 misdemeanor: up to 6 months in jail |
The number in parentheses is the presumptive first-offense prison term (A.R.S. § 13-702(D)), and terms rise with prior felonies. Probation can last up to 7 years for a class 2 felony, 5 for class 3, 4 for class 4, and 3 for class 5, class 6 or a class 1 misdemeanor.
Prison isn’t automatic. For a first theft felony, the judge can order probation unless a statute forbids it, and one does: theft of $100,000 or more under § 13-1802(A)(1) or (A)(3) carries no probation. Fines reach $150,000 for a felony and $2,500 for a class 1 misdemeanor.
Shoplifting is theft from a store while you’re inside it: leaving without paying, altering price tags, switching containers, charging goods to someone else, or concealment. It has its own grading, and our Phoenix shoplifting defense page covers it in depth.
| Circumstance | Class |
|---|---|
| Under $1,000 | Class 1 misdemeanor |
| Under $1,000, if the item is a firearm | Class 6 felony |
| $1,000 to $1,999.99 | Class 6 felony |
| $2,000 or more | Class 5 felony |
| Continuing criminal episode: $1,500 or more over at least three incidents within 90 days | Class 5 felony |
| To benefit a criminal street gang or criminal syndicate | Class 5 felony |
| Using an artifice, container or device, such as a lined “booster” bag | Class 4 felony |
| Two or more theft-related offenses in the past five years | Class 4 felony |
“Theft-related” here means burglary, shoplifting, robbery, organized retail theft or theft offenses, committed or convicted within the past five years. If you knowingly concealed unpurchased merchandise in the store or used a device, the law presumes intent (§ 13-1805(B)), so the defense needs a concrete answer.
| Charge | Class |
|---|---|
| Theft of means of transportation (§ 13-1814) | Class 3 felony, any value |
| Unlawful use of means of transportation (§ 13-1803) | Class 5 felony (taking); class 6 felony (riding) |
| Organized retail theft (§ 13-1819) | Class 4 felony, no dollar minimum |
| Failure to return rented property (§ 13-1806) | Class 5 felony (motor vehicle); class 1 misdemeanor (other property) |
| Trafficking in stolen property (§ 13-2307) | Class 3 felony (second degree); class 2 felony (first degree) |
These are maximums, not predictions. Your record, diversion and whether the State can prove value and intent all shape the outcome. Call (480) 456-6400 and a theft attorney in Phoenix will walk you through where you stand.
Misdemeanor theft and shoplifting committed in Phoenix go to Phoenix Municipal Court, 300 W. Washington St., and are prosecuted by the Phoenix City Prosecutor’s Office. Your arraignment date is the appearance date on your citation or summons. You enter a plea there, and the judge won’t dismiss charges at arraignment.
At a later pre-trial disposition conference, you or your lawyer can review the police reports and evidence and get the prosecutor’s offer. The City Prosecutor runs a shoplifting/theft diversion program; its trial bureau reviews your background to decide eligibility, and eligible defendants get enrollment information at arraignment. We can raise it sooner.
After a felony arrest, you’re booked at the Intake, Transfer and Release (ITR) facility, 2670 S. 28th Dr., Phoenix. The Initial Appearance Court must see you within 24 hours and sets release conditions. The Maricopa County Attorney’s Office (MCAO) then decides what to file.
Felony cases are heard at Maricopa County Superior Court in downtown Phoenix: South Court Tower, 175 W. Madison St., and Central Court Building, 201 W. Jefferson St. Lower-level felonies may go to the Superior Court’s Early Disposition Court.
This program accepts class 4, 5 and 6 felony cases, which covers theft of $1,000 to $3,999.99, felony shoplifting and organized retail theft. On completion, MCAO moves to dismiss the case with prejudice. Under MCAO procedure 17.2 (revised August 2025):
Theft of $4,000 or more and vehicle theft (class 3 or higher) fall outside standard eligibility. That’s one reason the fight over value matters so much.
Here are a few outcomes our theft crimes lawyers have obtained for clients in Maricopa County courts.
Past results do not guarantee a similar outcome. Every case is different.
“I have worked with many attorneys in the past and by far Mr. Goebel is the most professional and experienced lawyer I have used. Thank you again!”
— S. Walker
“Wow!! If you want exceptional legal counsel and representation look no further. From the first phone call, I was impressed with their level of professionalism and ability to handle a situation as complex as mine. Thanks to their guidance I am back on my way to pursuing a life that I wondered if I could even get back to. Thanks especially to Jonathan and Tiffany! They were so patient and understanding throughout it all.”
— M. R.
Your side of the story matters. Call (480) 456-6400 and tell us what happened. We’ll explain the charge, the likely next steps and your options, free and in confidence.
We start with three questions: did you mean to take it, what was it worth, and can the State prove it was you? We also review police conduct for rights violations and check the chain of custody of the evidence.
Theft requires knowing conduct and intent to deprive: withholding the property permanently, or long enough that much of its value is lost (A.R.S. § 13-1801). A missed scan at self-checkout or an item forgotten in a cart may lack that intent, and we look for the evidence that shows it.
If you honestly believed the property was yours, or that you had permission, the State may not be able to prove you acted “without lawful authority.” Shared ownership alone isn’t enough, because “property of another” includes property someone else also has an interest in. We gather the texts, receipts and records that show what you believed.
Value means fair market value at the time of the theft, and used electronics, tools and vehicles are often worth less than the police report says. Proof that value is under $1,000 turns a felony into a misdemeanor; under $4,000, a class 3 becomes a class 4, within diversion’s class range.
Amounts from one scheme or course of conduct can be added together, even from several victims. When the State adds incidents together, we test whether they were truly one scheme.
Store video is often low resolution or misses the key moment. We check whether it shows the face, the item and the exit, whether timestamps match receipts, and whether police relied on a loss-prevention employee’s ID from a still frame. Stores don’t keep video forever, so we ask early for it to be preserved.
Store staff aren’t police. They may detain you on the premises only with reasonable cause, in a reasonable manner and for a reasonable time (§ 13-1805(C)). We check whether they kept the person in sight and how they recovered and priced the goods; if the goods went back on the shelf, the only proof of value may be a printout.
Employers, licensing agencies and landlords often treat theft as a crime of dishonesty, so a conviction can cost more than the sentence itself.
A store’s demand letter is a civil claim under A.R.S. § 12-691: the retail value of the goods plus a penalty of at least $250, capped at $250 plus the store’s actual damages. The store can sue without a conviction, even in small claims court.
Paying doesn’t end the criminal case, because a prosecution can’t be dropped over a private settlement except as the law provides (§ 13-3981). Repayment can end a misdemeanor only through the court, as a misdemeanor compromise: the victim appears before trial and acknowledges satisfaction, and the judge may dismiss.
$1,000. Theft of property or services worth $1,000 or more is at least a class 6 felony under A.R.S. § 13-1802(G). Below that, it’s a class 1 misdemeanor unless the property was taken from a person, is a firearm, or is an animal taken for animal fighting.
Jail isn’t required. The law allows up to six months, but Phoenix’s sentencing guide starts the range at zero days, and the City Prosecutor offers shoplifting/theft diversion to eligible defendants.
Not automatically; repayment alone doesn’t end a prosecution (A.R.S. § 13-3981(D)). A judge may dismiss some misdemeanors after the victim acknowledges satisfaction in court, and MCAO’s felony diversion requires full restitution.
Yes. Under A.R.S. § 13-911, you can petition after finishing your sentence, paying restitution and waiting 3 years for a class 1 misdemeanor, 5 for a class 4–6 felony, or 10 for a class 2 or 3 felony.
As soon as you’re cited, arrested or contacted by a store’s law firm, and before you talk to police or pay a civil demand. In felony cases, MCAO’s policy is to make diversion offers before arraignment, so early help gives us time to ask for one.
When you call, you’ll speak with our team, free and in confidence, with no obligation, any hour of any day. We’ll listen to what happened, then explain the charge, the likely next steps and your options in plain language.
You don’t have to face this alone. Call (480) 456-6400 or send us a message, and let’s start protecting your record, your work and your family. Our Phoenix office is at 67 E. Weldon Ave., Ste. 317.
