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Posted on November 26, 2025 in Assault & Violent Crimes
Under Arizona law, organized retail theft can occur in one of two ways:
Organized retail theft is a Class 4 felony in Arizona under Arizona Revised Statutes (ARS) Section 13-1819. A first-time conviction can result in a prison sentence of up to 3.75 years and a fine of up to $150,000, although the prison time can increase if the theft involves the use or display of weapons, issuing threats, or a connection to gang activity.
In this post, we examine how Arizona law defines organized retail theft, the possible consequences of a Class 4 felony conviction, and some possible defenses you may have if you are charged with this offense.
At AZ Defenders, we represent clients charged with organized retail theft in Arizona. If you are facing this charge, call us at (480) 456-6400 or contact us online for a consultation with an experienced criminal defense attorney.
Organized retail theft differs from the misdemeanor crime of shoplifting.
Shoplifting generally involves taking merchandise from a retail establishment with the intent of keeping it. Most of the time, a person engages in shoplifting by taking an item, concealing it, and attempting to exit the store without paying for it.
A person who engages in organized retail theft often has no intent to keep stolen items, but to make money off of them by reselling them or otherwise using them to barter for something else of value.
Examples of organized retail theft include:
Retail theft often involves more than one person, but that is not a requirement to prove the offense. A single individual acting alone can be charged with organized retail theft in Arizona.
Under ARS 13-1819, organized retail theft is a Class 4 felony regardless of the value of the improperly acquired merchandise.
Under Arizona’s sentencing guidelines, first-time offenders for a Class 4 felony conviction are subject to the following sentencing range:
First-time offenders are eligible for probation, with a probation term of up to 4 years.
If you are charged with multiple counts of organized retail theft alleged to have occurred on different dates and tried for each of them in a consolidated proceeding, then you will be sentenced as a first time felony offender for the first offense and as a “category one repetitive offender” for the second and subsequent offenses and are subject to the same sentencing range as the first offense except that the subsequent convictions are not probation-eligible.
If you are at least 18 years old, or have been tried as an adult, and you have one historical prior felony conviction, then the “category two repetitive offender” sentencing range applies and the prison sentence increases to:
If you are at least 18 years old, or have been tried as an adult, and you have two or more historical prior felony convictions, the “category three repetitive offender” sentencing range increases still further:
Sentences for category two and category three Class 4 felony convictions are not probation-eligible.
If the commission of the organized retail theft involved discharging, using, or making a threatening display of a deadly weapon or a dangerous instrument, or involved the intentional or knowing infliction of serious bodily injury on another person, this can make the crime a dangerous offense that is subject to enhanced sentencing.
Organized retail theft charges can coincide with other charges.
For example, depending on the circumstances of the multiple offenses, you can also be charged with shoplifting.
If you buy stolen merchandise from an organized retail crime and then resell those items, you may be charged with trafficking in stolen property, fraudulent schemes, and/or control of an illegal enterprise.
Convictions for organized retail theft come with a requirement to pay restitution. Each felony count you are charged with carries a possible fine of up to $150,000.
A conviction for organized retail theft stays on your record for your whole life. This can affect employment opportunities, housing options, and can have immigration consequences.
Depending on the circumstances of your case, one or more possible defenses to a charge of organized retail theft may be available to you.
Committing organized retail theft usually involves the intent to sell or trade the goods stolen for value. If you can cast reasonable doubt on the prosecution’s case that you intended to sell or trade the goods for other value, you may be able to reduce the charge against you to a lesser crime of theft or shoplifting.
Similarly, if you can show that you were coerced (under duress) into participating in an organized retail theft operation, this can cast doubt as to your mental state required to be proven by the prosecution.
If the prosecution lacks evidence proving beyond a reasonable doubt that you committed the theft, or if evidence against you is ruled inadmissible, the prosecution’s case weakens.
A Class 4 felony charge is a serious matter that requires a serious legal defense. The stakes are high: you could lose your freedom, be subject to crippling fines, and have a black mark on your public record that can haunt you long after you complete any sentence the court imposes.
If you are charged with a theft crime, including organized retail theft, then you need the services of an experienced, aggressive, and effective theft attorney on your side. This is what you will have when you hire AZ Defenders to represent you.
A Phoenix theft attorney will have the knowledge and expertise to craft a defense strategy that is best suited to achieve case dismissal, reduced charges, or an otherwise positive case outcome.
Contact AZ Defenders by calling (480) 456-6400 or using our online contact form to schedule a free consultation.