A conviction for Shoplifting in Arizona is no small matter. You can be stuck with a permanent criminal record, jail time, probation, and fines for what was seemingly an incredibly minor transgression.
There are several ways that shoplifting can be committed in Arizona. Pursuant to Arizona Revised Statutes § 13-1805, while you are in an establishment in which merchandise is displayed for sale, you knowingly obtain those goods of another with the intent to deprive them of such goods by:
How you can be punished for shoplifting depends on a few factors, including the value of the items taken, if there was a continuing criminal episode, if you used any items to facilitate the shoplifting, if you are assisting a gang, and if you have any prior shoplifting convictions.
If you are convicted of shoplifting property valued at $2,000 or more, then you face a Class 5 Felony. You can be sentenced to prison for between half a year and 2.5 years, be placed on 3 years of probation, pay a fine of up to $150,000 plus surcharges.
If the property is valued at between $1,000 and $1,999.99, then you face a Class 6 Felony. You can be sentenced to prison for 4 months to 2 years, be placed on 3 years of probation, and be required to pay a fine of up to $150,000 plus surcharges.
If the property is valued at less than $1,000, then it is a Class 1 Misdemeanor, unless it is a firearm, in which case it is a Class 6 Felony. If convicted of a Class 1 Misdemeanor, you face a maximum sentence of 6 months in jail, a $2,500 fine, and up to 3 years of probation.
If you shoplift property during a “continuing criminal episode” then you face a Class 5 Felony and can be sentenced to prison for between half a year and 2.5 years, 3 years of probation, and a fine of $150,000 plus surcharges. A continuing criminal episode is the theft of property valued at $1,500 or more if committed during at least 3 separate incidents within a 90-day period. Think repeat customer.
If you use any artifice, instrument, container, device, or article with the intent to facilitate shoplifting in the course of committing a shoplifting offense, then you face a Class 4 Felony. If convicted, you can be sentenced to prison for 1 year to 3.75 years, 4 years of probation, and a fine of up to $150,000 plus surcharges. These items can include something as simple as a purse or a backpack into which goods were place before leaving the store.
If you commit shoplifting to promote, further, or assist a criminal street gang or criminal street gang, regardless of the value of the property, then you face a Class 5 Felony and can be sentenced to prison for between half a year and 2.5 years, 3 years of probation, and a fine of $150,000 plus surcharges.
If you have two or more convictions for offenses involving burglary, shoplifting, robbery, organized retail theft, or theft, and are then convicted of a shoplifting, you face a Class 4 felony. If so convicted, you may be sentenced to prison for 1 year to 3.75 years, up to 4 years of probation, and a fine of up to $150,000 plus surcharges.
For all felonies, regardless of classification, the penalties get significantly harsher if you have prior felony convictions. Moreover, a felony conviction can lead to loss of civil rights, future opportunities, and more.
Shoplifting is a commonly seen offense, but that does not mean that it is a simple one to defend. If you are charged with shoplifting, then you face serious consequences and the potential for life-altering punishment. You need an experienced criminal defense attorney to help guide you and defend you and assist you in obtaining the best possible result in your shoplifting case. Call AZ Defenders today at 480-248-7666 or contact us online for a free consultation so we can start helping you with your shoplifting case today.