Phoenix Theft Crimes Defense Attorney

Theft is a seemingly simple crime, and yet it is one of the most complex in Arizona’s laws.  The Arizona Theft statute, contained in Arizona Revised Statutes § 13-1802, criminalizes a wide variety of activities, and punishes them in various and different ways.

How Can Theft Be Committed

There are 10 ways to commit Theft under the Theft statute, Arizona Revised Statutes § 13-1802.  To commit Theft in Arizona, you knowingly, and without lawful authority:

  • Control the property of another with the intent to deprive the other person of the property; or
  • Convert for an unauthorized term or use services or property of another entrusted to you or placed in your possession for a limited, authorized term or use; or
  • Obtain services or property of another by means of any material misrepresentation with the intent to deprive the other person of the property or services; or
  • Come into control of lost, mislaid, or misdelivered property of another under circumstances providing means of inquiry as to the truth owner and appropriate the property to your own or another’s use without reasonable efforts to notify the true owner; or
  • Control property of another knowing or having reason to know that the property was stolen; or
  • Obtaining services known to you to be available only for compensation without paying or an agreement to pay the compensation or diverting another’s services to your own or another’s benefit without authority to do so; or
  • Controlling the ferrous metal or nonferrous metal of another with the intent to deprive them of the metal; or
  • Controlling the ferrous metal or nonferrous metal of another knowing or having reason to know that the metal was stolen; or
  • Purchasing within the scope of the ordinary course of business the ferrous metal or nonferrous metal of another person knowing that the metal was stolen; or
  • Taking control, title, use, or management of a vulnerable adult’s property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property.

Punishment for Theft

The punishment for Theft depends largely on the value of the property, with some exceptions.  If the property or services are valued at $25,000 or more, than the Theft is a Class 2 Felony.

A Class 2 Felony carries a prison sentence of 3 years to 12.5 years, probation of up to 7 years, and a maximum fine of $150,000 plus surcharge.  Under some circumstances, if the value of the property is greater than $100,000, then probation is not available.

If the property or service is valued at $4,000 – $24,999.99, then the Theft is a Class 3 Felony.

A Class 3 Felony carried a prison sentence of 2 years to 8.75 years, up to 5 years of probation, and a maximum fine of $150,000 plus surcharge.

If the property or service is valued at $3,000 – $3,999.99, then the Theft is a Class 4 Felony.

A Class 4 Felony carries a prison sentence of 1 year to 3.75 years, up to 4 years of probation, and a maximum fine of $150,000 plus surcharges.

If the property or service is valued at $2,000 – $2,999.99, then the Theft is a Class 5 Felony.

A Class 5 Felony carries a prison sentence of 6 months to 2.5 years, up to 3 years of probation, and a maximum fine of $150,000 plus surcharges.

If the property or service is valued at $1,000 – $1999.99, then the Theft is a Class 6 Felony.

A Class 6 Felony carries a prison sentence of 4 months to 2 years, up to 3 years of probation, and a maximum fine of $150,000 plus surcharges.

If the property or service is valued at less than $1,000, then the Theft is a Class 1 Misdemeanor, unless the property is taken from the person of another, is a firearm, or is an animal taken for the purpose of animal fighting, in which case it is a Class 6 Felony.

A Class 1 Misdemeanor carries a maximum jail term of 6 months, a maximum fine of $2,500, and probation for up to 3 years.

One exception to the value-punishment system is engines and transmissions.  The theft of any vehicle engine or transmission is a Class 4 Felony, regardless of value.

Criminal convictions in Arizona carry consequences far beyond prison, jail, fines, and probation.  If convicted of a felony, you lose civil rights, including the right to bear arms.  Regardless of offense, you will have a conviction on your record forever.

Free Consultation for Theft Offenses

If you are charged with a Theft offense, regardless of its classification, you need the services of an experienced, aggressive, and effective legal team on your side.  The consequences can be dire and you need someone to help you get the best possible result in your individual case.  Contact the AZ Defenders by calling 480-248-7666 or contact us online for a free consultation today.

 

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