Theft Crimes in Arizona

Theft crimes are not taken lightly in Arizona. Even if the stolen property was small, a person can still face huge consequences for engaging in this type of crime. Individuals accused of this crime not only face penalties from law enforcement, but they can face long-term consequences including difficulty in obtaining a job, acquiring a loan, and completing a background check.

Here’s what you need to know if you have been accused of a theft crime in Arizona.

How Theft Crimes are Defined in Arizona 

Arizona’s theft statute, A.R.S. § 13-1802 covers a broad range of conduct and penalties. Most people understand theft as taking something that does not belong to them. In Arizona, theft is also keeping something that a person has reason to know rightfully belongs to someone else. This includes lost property and property that is being sold. The following situations would be considered theft if an individual: 

• Controls the property with the intention to deprive it
• Obtains the property without providing payment
• Controls the property without an attempt to locate the owner
• Controls the property with the knowledge it’s stolen
• Uses fraud to obtain the property
• Uses the property for an unauthorized amount of time

Penalties based on Theft Type

Theft has a huge charging range based on the dollar value of the property that is alleged to have been stolen. It can be anything from a misdemeanor to a class 2 felony. This means an individual accused of theft will face a penalty based on the dollar amount of the property they are accused of stealing. The higher the value of the property stolen, the higher the penalties. 

Misdemeanor Theft

If an individual steals property worth less than $1,000, a misdemeanor theft crime has been committed. A person can face the following penalties if he or she is accused of a crime: 

• Up to 6 months of jail time
• Fines up to $2,500
• Restitution (repayment of the property stolen)

Felony Theft

If the dollar value of the property stolen is more than $1,000, this is considered a felony theft. The felony charges can range from Class 2 to 6, and no matter what felony class an individual falls under, these charges require probation while the jail time can range from 4 months to 12.5 years. The felony classes based on the value of the stolen property are classified as: 

• Class 6: $1,000 to $2,000
• Class 5: $2,000 to $3,000
• Class 4: $3,000 to $4,000
• Class 3: $4,000 to $25,000
• Class 2: $25,000 or more

Common Issues in Theft Cases

Theft cases can be deceptively complex. Some common issues that arise in theft cases are:

• Determining the value of the property at issue
• Determining whether the accused knew or had reason to know the property was stolen
• Whether the property was abandoned
• Whether the accused had a legal right to some or all the value of the property in question (especially in embezzlement or entrustment cases)

If you have been accused of a theft crime in Arizona, contact a criminal defense attorney at our Phoenix office immediately. Our attorneys are highly experienced in a variety of theft cases, and we’re prepared to fight for you.